Holding

Experience in Epigraphy does not satisfy the essential qualification of field experience in Archaeology, rendering the respondent ineligible for the Superintending Archaeologist post.

Summary

The Supreme Court considered an appeal by Sanjay Kumar Manjul against a High Court order that had allowed Dr. S. Rajavelu’s writ petition challenging his exclusion from the UPSC’s direct recruitment for the post of Superintending Archaeologist. The dispute centered on whether field experience in Epigraphy satisfied the essential qualification of "field experience in Archaeology" prescribed in the recruitment rules. The Court examined the literal meanings of "Archaeology" and "Epigraphy", the expert opinions of the UPSC and the Archaeological Survey of India, and the statutory framework governing qualifications. It held that Epigraphy is a distinct discipline and its experience does not meet the required archaeological field experience, and that the power to relax qualifications must be expressly conferred. Consequently, the High Court’s judgment was set aside and the appeal was allowed, confirming the respondent’s ineligibility for the post.

Issues considered

Whether experience in Epigraphy can be treated as field experience in Archaeology for the essential qualification of the Superintending Archaeologist post.
Whether the High Court could override the UPSC’s decision and deem Epigraphy experience sufficient.
Whether courts may direct an employer to prescribe or relax qualifications under Articles 226/32 of the Constitution.
Whether the power of relaxation of qualifications must be expressly conferred by the statutory authority.
Whether Article 14 (equality) is attracted in a case of alleged illegality in recruitment.

Legislation cited

Ancient Monuments and Archaeological Sites and Remains Act, 1958
Constitution of Indias. Article 14, s. Article 16, s. Article 226, s. Article 32

Subjects

Service lawRecruitmentEssential qualificationsInterpretation of statutesArchaeologyEpigraphyJudicial reviewArticle 14Article 16UPSC

Judgment

A SANJA Y KUMAR MANJUL
I'.
THE CHAIRMAN, UPSC AND ORS.

SEPTEMBER 13, 2006
B [S.B. SINHA AND DAL VEER BHANDARI, JJ.]

Service law:

C Archaeological Survey of India-Superintending Archaeologist-Direct
recri.itment to-E.uential qualifications-Field expenence in 'Archaeology'-
Person having field experience in "Epigraphy· not considered by UPSC-
High Court allowing his writ petition-Held, the candidate did not ho1d the
requisite essential qualification and, thus, was not eligible to hold the post-
-
Jurisdiction of superior courts would be to interpret the rules and not to
D supplant and supplement the same nor to direct an employer to prescribe a
qualification for holding a particular post-Power of relaxation must be
expressly conferred-Constitution of India-Articles I./, 32 and 226-
lnterpretation of Statutes.

Words and Phrases:
E
"Archaeology" and "Epigraphy"-Meaning of-In the context of 'field
experience' in 'Archaeology' prescribed as an essential qualification for the
post of Superintending Archaeologist.

F An advertisement was issued for the post of Superintending
Archaeologist. Essential qualifications for the post were, inter alia, "(ii)
Diploma in Archaeology from the Archaeological Survey of India with three
years field experience; or field experience of at least five years in Archaeology
and knowledge of Monuments and Antiquities." Respondent no. 4, who applied
on the basis of his field experience in 'Epigraphy', was not considered, as in
G the opinion of the Union Public Service Com mission he did not fulfil the
essential qualification. He filed an original application before the Central
....
Administrative Tribunal, which dismissed the same. However, his writ petition
was allowed by the High Court.

H The appellant, who was affected by the order of the High Court, filed
72
SANJA Y KUMAR MA NJ UL v. THE CHAIRMAN. UPSC 73

~
the present appeal contending, inter alia, that having regard to the extant rules, A
field experience in Epigraphy would not satisfy the test of essential
qualification for appointment to the post of Superintending Archaeologist. It
was submitted that the Commission and the Archaeological Survey of India
' ~ being the expert bodies, the High Court should not have interfered with the
decision taken by the Department, as "Archaeology" and "Epigraphy"
B
constituted two different disciplines.

Allowing the appeal, the Court

HELD: 1.1. Upon interpretation of the terms "Archaeology" and
"Epigraphy" and keeping in view the subject contents of the Post Graduate
Diploma in Archaeology and qualifications for admission to the said course,
c
the Court is satisfied that respondent no. 4 did not hold the requisite essential
qualifications and, thus, was not eligible to hold the post. (78-B-C; 83-DI
/
Webster American Dictionary; Oxford Dictionary; Advanced Law
Lexicon, 3rd Edn.; 'The New Encyclopaedia of Britannica in 'The Study of D
History, referred to.

1.2. What is necessary for applying the principle of interpretation of
statutes is to take recourse to the literal interpretation and only when the
same would result in absurdity or anomaly, other principles, depending upon
the nature of the statute, may be applied. It is not a case where the terms are
E
statutorily defined. The dictionary meaning or the meaning attached to the
expression in the context of the rules, therefore, must be given effect to not
only having regard to the purport and object thereof but also the opinion of
~
the experts in the field. (83-A-B(
F
N. Suresh Nathan and Anr. v. Union of India and Ors., ( 19921 Supp. 1
sec 584, referred to.
2.1. The qualifications for recruitment to a post are laid down in terms
of the statutory rules. The statutory authority is entitled to frame statutory
rules laying down terms and conditions of service as also the qualifications G

.,. essential for holding a particular post. It is only the authority concerned
who can take ultimate decision therefor. Besides, the power of relaxation, it
is well-settled, must also be expressly conferred. (79-H; 80-D; Fl

Roshan Lal Tandon v. Union of India, 1196811SCR185, referred to.
H
74 SUPREME COURT REPORTS [2006] SUPP. 6S.C.R.

A 2.2. The jurisdiction of the superior courts would be to interpret the
rule and not to supplant or supplement the same. The superior courts while
exercising their jurisdiction under Article 226 or 32 of the Constitution of
India ordinarily do not direct an employer to prescribe a qualification for
holding a particular post In this case, both the Commission as also the , _
B Archaeological Survey of India categorically stated that the "experience in
Epigraphy cannot be construed as experience in Archaeology"; and
"Epigraphy is a separate Branch of Archaeological Survey of India and
constitutes a separate cadre, which is distinct and different from that of the
archaeological cadre." (80-D-E; G-H; 81-A-B)

C Tariq Islam v. Aligarh Muslim University and Ors., [20011 8 SCC 546,
relied on.

M.C. Gupta and Ors. v. Dr. Ar11n Kumar Gupta and Ors., 1197912 SCC
339, held inapplicable.

D 3. Article 14 of the Constitution of India carries with it a positive concept
and the equality clause contained therein cannot be said to have any application
in a case of illegality. 183-FI

CIVIL APPELLATE JURISDICTION : Civil Appeal No. 4098 of2006.

E From the Judgment and Order dated 7.10.2005 of the High Court of
Judicature at Madras in W.P. No. 22753/2005.

WITH

Civil Appeal No. 4099 of2006. ' -
F
Vikas Singh, ASG, Ranjit Kumar, Alok Gupta, Rudreshwar Singh and
V.K. Verma for the Appellant.

Parag P. Tripathi, K.V. Viswanathan, B. Ragunathan, Mahalakshmi
G Pavamni, G. Balaji (for M/s. Mahalakshmi Balaji & Co.), Anant Vijay Palli,
Rekha Palli, Lalit Mohini Bhat, Naveen R. Nath, Anitha Shenoy and Hetu
Arora for the Respondents.

The Judgment of the Court was delivered by

H S.B. SINHA, J. Leave granted.
SANJA Y KUMAR MAN.I UL v. THE CHAIRMAN. Ul'SC [S.B. SINHA. J.] 75

The Archaeological Survey of India is a department of Archaeology of A
the Government of India. The post of Superintending Archaeologist fell
vacant. Sanjay Kumar Manjul (Appellant) and Dr. S. Rajavelu, Respondent
No.4 herein applied therefor. An advertisement was issued for direct recruitment
to the said post. 169 applications were received therefor. 16 applicants
including that of Sanjay Kumar Manjul were interviewed. Four of them had B
been selected on 04.08.2004. Indisputably, the case of Dr. S. Rajavelu was not
considered by the Union Public Service Commission (for short. 'the
Commission' 7 on the premise that he did not fulfill the essential qualifications
requisite therefor. ·

An original application was filed by some candidates before the Central C
Administrative Tribunal, Principal Bench, New Delhi, marked as O.A. No. 1899
of 2004, which was dismissed by an order dated 15.07.2005.
·.)
Dr. S. Rajavelu also filed an original application before the Central
Administrative Tribunal, Madras, which was marked as O.A. No.720 of 2004.
By an order dated 28.04.2005, the said original application was also dismissed. D
Being aggrieved by and dissatisfied therewith, he filed a writ petition
before the High Court of Madras. Even till the time of filing of the said
original applications and writ petition, selection process of the candidates
was not finalized and by an order dated 21.07.2005, the High Cou11 passed E
an interim order on the following terms :

" .... if any appointment is made in the meantime, such appointment
shall be subject to result of the present writ petition and it shall be
so indicated clearly in the appointment order that if ultunately the
petitioner succeeds in the present writ petition, such appointment F
shall be liable to be quashed, returnable within three weeks. Private
notice is also permitted."

The Archaeological Survey of India, however. issued unconditional
offer of appointmer.t to the selected candidates, inter alia, stating :
G
''I am directed to inform that on the recommendations of the
Union Public Service Commission, the President is pleased to offer
you the post of Superintending Archaeologist (G.C.S. Group 'A' ·
Gazetted) in the pay scale of Rs. I0,000-15200/- in the Archaeological
. Survey of India. Your pay will be fixed in accordance with the nnrmal
rules or instructions issued by the Government and you will also be H
76 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A entitled to draw dearness and other allowances at the rates admissible
and subject to the rules and orders governing the grant of such
allowances, in force, from time to time."
,.
The Appellant herein was not impleaded as a party in the said writ
petition. By reason of the impugned judgment, the writ petition of the Fourth
B Respondent was allowed.

Before the High Court as also before us, the question raised was as
to whether experience in Epigraphy may be considered to be 'field experience
in Archaeology'.

C Mr. Ranjit Kumar, the learned Senior Counsel and Mr. Vikas Singh, the
learned Additional Solicitor General of India, appearing on behalf of the
Appellants, in the respective appeals, submitted that having regard to the (
extant rules, field experience in Epigraphy would not satisfy the test of
essential qualifications for appointment to the post of the Superintending
D Archaeologist. The expressions 'Archaeology' and 'Epigraphy', it was urged,
mean two different disciplines and in fact not only the scope of study thereof
are different, their cadres are also distinct and different.

It was submitted that the Commission as also the Archaeological
Survey of India being experts bodies, the High Court should not have ordinarily
E interfered with the decision taken by the department as 'Archaeology' and
'Epigraphy' constitute two different disciplines.

In any event, the Commission having short-listed the candidates
providing for better meritorious candidates, the writ petition of the Fourth
Respondent should not have been allowed. It was also urged that the Appellant
F having not been impleaded in the writ petition, the same was not maintainable.

Mr. K.V. Viswanathan, the learned counsel appearing on behalf of the
Fourth Respondent, on the other hand, would submit that :

G (i) The Appellant having not been appointed on the date of filing of the
writ petition and the High Court having directed that his appointment would
be subject to the result of the writ petition, he was not a necessary party.

(ii) The Commission undoubtedly had the jurisdiction to shortlist the
candidates; but the same was required to be done in terms of the rules.
H
(iii) Eligible candidates in the name of short-listing could not have been
SANJA Y KUMAR MANJUL v. THE CHAIRMAN, UPSC [S.B. SINHA, J.] 77
made ineligible and, thus, non-consideration of the case of the Fourth A
Respondent herein by the Commission violates his fundamental right under
Article 16 of the Constitution of India.

(iv) Study of Epigraphy being a part of study of Archaeology, experience
- "' gained therein would amount to experience in Archaeology. By way of an
example, it was contended that cardiology although is a speciality, the same B
has been held to be a part of medicine by this Court in Dr. M.C. Gupta and
Ors. v. Dr. Arun Kumar Gupta and Ors., (1979) 2 SCC 339.

The requisite essential qualifications for recruitment to the post of
Superintending Archaeologist are as under :
c
"(i) At least a second class Master's Degree of a recognized University
or equivalent in Indian History/Archaeology/Anthropology with
knowledge of Stone Age Archaeology Geology with knowledge
.J. of Pleistocene Geology;
(ii) Diploma in Archaeology from the Archaeological Survey oflndia D
with three years field experience;

OR

Field experience of at least five years in Archaeology and knowledge
of Monuments and Antiquities. E
(iii) Doctorate Degree in any of the above subjects or equivalent
published research work (evidence to be furnished).
Desirable Qualifications :
Knowledge of Sanskrit, Pali, Prakrit, Persian or Arabic upto degree F
level.
Age prescribed for the post not exceeding 40 years on normal
closing date relaxable for other Backward Classes candidates upto 3
years in respect of the vacancies reserved for them. Relaxable for
Employees of Government of India and Union Territories upto S years." G

Entitlement of the Appellant herein for consideration of the recruitment
.; -" to the said post is not in dispute. Archaeological Survey of India is a multi-
faceted organization. Its technical officers fall under the following separate
cadres :
G
78 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A (a) Archaeological cadre
(b) Conservation cadre
(c) Sc'.ence cadre
(d) Epigraphy cadre , ~

B (e) Horticulture cadre

We are concerned with the essential qualifications of EQ-11, namely, a
diploma in Archaeology with three years' field experience or field experience
of at least five years in Archaeology and knowledge of monuments and
antiquities. In the Post-Graduate Diploma in Archaeology, there are thirteen
C subjects, twelve being theory papers and one practical. Out of total 2000
marks, Epigraph and Numismatics carries only I 00 marks i.e. 50 marks for
Epigraph and 50 marks for Numismatics. The Post Graduate Diploma Course,
therefore, provides that Epigraphy forms only 2.5% of Archaeology.

So far as PGDA Course is concerned, the qualifications therefor are as
D under:

"The qualification for admission are Master's Degree in Ancient
or Medieval Indian History/Archaeology/Anthropology from a
recognized University or equivalent including Indian Classical
E languages such as Sanskrit, Pali, Prakrit, Tamil, Arabic or Persian or
Geology with knowledge of Pleistocene age with a minimum of 55%
marks in aggregate, relaxable by 5% in the case of SC/ST/OBC
candidates and candidates working in the Archaeological organization,
Central/State Government and University Departments."
'
F We may for the sake of clarity refer to the dictionary meanings of the
said terms :

Webster American Dictionary :

"Archaeology is the study of human history and pre-history through
G the excavation of sites and the analysis of artifacts and other physical
remains."

Oxford Dictionary :

"It is the study of human history and prehistory through the excavation
of sites and analysis of physical remains."
H
SANJA Y KUMAR MANJUL v. THE CHAIRMAN, UPSC (S.B. SINHA, J.) 79

Webster American Dictionary : A
"Epigraphy is the study and interpretation of ancient inscription;
epigraphs collectively. It is an inscription on a building, statue or
coin; a short quotation or saying at the beginning of a book or
chapter, intended to suggest its theine."
B
We may usefully notice that in Advanced Law Lexicon, 3rd Edn., the
term 'Archaeology' has been defined to mean : "A systematic description or
study of antiquities", whereas the term "Epigraph" has been defined to mean
"An old inscription of a durable material".

It is also significant to notice that in 'The New Encyclopaedia of C
Britannica in 'The Study of History', 'Archaeology' and 'Epigraphy' have
been discussed separately; both the subjects although have been put under
a common heading, namely, 'Ancillary Fields'. They have been dealt with
separately. 'Epigraphy' has been stated to be the study of written matter
recorded on hard or durable materials and is the prime tool in recovering much D
of the firsthand record of antiquity.

It is interesting to note therein that 'Archaeology' and 'Epigraphy'
have been distinguished, stating :

"Strictly speaking, archaeology is not concerned with the analysis
and interpretation of the bones of ancient man himself - whether E
fossilized or not. The study of the skulls and skeletons of ancient
man is the concern of the physical anthropologist or human
paleontologist. Neither is the archaeologist normally prepared to
·decipher or interpret the writings of ancient man - this is the specialty
of the epigraphist and philologist." F
The question as to whether Archaeology is a compendious expression,
as was urged by Mr. Viswanathan, has to be considered in the aforementioned
backdrop.

'Epigraphy' is a study of inscription is not denied or disputed. There G
are persons who have expertise in different parts of Epigraphy. Persons may
....:; acquire expertise in the study of inscription in different languages. The
Fourth Respondent is an expert in respect of inscription only in the language
ofTamil.

The qualifications for recruitment to a post are laid down in terms of H
80 SUPREME COURT REPORTS [20061 SUPP. 6 S.C.R.

A the statutory rules. The Fourth Respondent raised a contention before the
Tribunal that several persons named in Ground ·r. · of the writ petition had
occupied the very post in the Archaeological Department, although they were
experts in Epigraphy.

The aforementioned contention of the Fourth Respondent herein has
,. .
B specifically been denied and disputed. It has been contended that recruitment"
rules of the Deputy Superintending Archaeologist are different from the
Superintending Archaeologist. Whereas in the case of the former, two years'
research experience in various subjects including Epigraphy was considered
to be sufficient, in the case of latter, what was necessary was field experience
C of five years in Archaeology and knowledge of monuments and antiquities.

The statutory authority is entitled to frame statutory rules laying down
tem1s and conditions of service as also the qualifications essential for holding
a particular post. It is only the authority concerned who can take ultimate
decision therefor.
D
The jurisdiction of the superior courts, it is a trite law. would be to
interpret the rule and not to supplant or supplement the same.

It is well-settled that the superior courts while exercising their jurisdiction
under Articles 226 or 32 of the Constitution of India ordinarily do not direct
E an employer to prescribe a qualification for holding a particular post.

What was, therefore, permissible for recruitment to the post of Deputy
Superintending Archaeologist need not necessarily be held to be permissible
for recruitment of Superintendi.ng Archaeologist. Once a person holds the
post of Deputy Superintending Archaeologist, keeping in view the decision
F of this Court in Roshan Lal Tandon v. Union of India, [1968] I SCR 185, he
may be treated identically; but then it would not mean that while making a
direct recruitment to a higher post, the Commission must have jurisdiction to
relax the rules. The power of relaxation. it is well-settled, must also be expressly
conferred.
G In this case both the Commission as also the Archaeological Survey of
India categorically opined that the requirements for both the posts are different.
The Commission categorically stated :

" ...The experience in Epigraphy cannot be construed as experience in
Archaeology. Similarly his experience as Sub Editor cannot be
H
SANJAY KUMAR MANJULv. THE CHAIRMAN, UPSC (S.B. SINHA. J.) 81
considered as field experience in Archaeology. Hence, he does not A
possess the required experience under educational qualification (ii)
and hence he is ineligible for the post."

Archaeological Survey of India in its Counter Affidavit also took the
same plea, stating :
B
"Epigraphy is a separate Branch of Archaeology Survey of India
and constitutes a separate cadre, which is distinct and different from
that of the archaeological cadre."

Strong reliance, as noticed hereinbefore, has been placed by
Mr. Viswanathan on Dr. M.C. Gupta (supra). Therein, this Court was C
considering the definition of the word 'medicine' contained in Section 2(t) of
the Indian Medical Council Act, 1956. It was held to mean modem scientific
medicine in all its branches and includes surgery and obstetrics, but does not
include veterinary medicine and surgery. The Court although opined that it
was too wide a definition, but proceeded to consider the question having
regard to the regulations operating in the field. While holding that te:l<;hing D
experience in the subject forms part of general medicine, it was opined that
keeping in view the regulations operating in the field, the Commission was
amply justified in reaching at the conclusion that the Appellant therein
possessed the requisite teaching qualification.
E·
We may, however, notice that the aforementioned opinion was arrived
at keeping in view the expert opinion as also the opinion of the Medical
Council of India in that behalf in the following terms :

"....... An extreme argument was urged that in adopting this approach
it may be that somebody may be working in different specialist F
branches such as neurology, gastroenterology, psychiatry, etc. and
each one would qualify for being appointed as Professor of Medicine
without having even a tickle of experience on the subject of general
medicine. This wild apprehension need not deter us because it should
be first remembered that any one going into specialist branch under
medicine has to be M.D. (Medicine). Thereafter, ifhe wants to become G
a professor in the specialist branch such as cardiology, the academic
qualification required is to hold a degree of D.M. in the specialist
branch. This becomes clear from a perusal of the regulations. It is not
necessary, therefore, to go into the dictionary meaning of the expression
"medicine" to determine whether it includes cardiology. The Medical H
82 SUPREME COURT REPORTS [2006] SUPP. 6 S.C.R.

A Council of India, a body composed of experts have in the regulations
clearly manifested their approach when they said that cardiology is a
specialist branch under medicine. Ipso facto, medicine includes
cardiology. It was not disputed that one qualifying for M.D. (Medicine)
has to learn the subject of cardiology. And it must be remembered that
the four experts aiding and advising the commission have considered
B teaching experience in cardiology as teaching experience in medicine.
The counter-affidavit on behalf of the Commission in terms states that
medicine is a wide and general subject and includes cardiology whereas
for the post of Professor of Cardiology a further two years' special
training in cardiology or D.M. in cardiology after M.D. in medicine has
c been laid down as a requisite qualification by the Medical Council. It
is further stated that teaching experience in cardiology will make the
person eligible for the post of Professor of Medicine. That was the
view o• the experts who assisted the Commission."

The opinion of experts in this case is just the converse. In an academic
D field, apart from Dr. MC Gupta (supra), the court would normally be governed
by the opinion of the expe11s in the field particularly in the academic field.

The said decision does not help the case of the Fourth Respondent.
The situation therein was entirely different. Opinions of the experts were duly
considered in arriving at the decision.
E
In Tariq Islam v. Aligarh Muslim University and Ors., [2001] 8 SCC 546,
this Court stated the law thus :

" ... This Court stated that normally, it is wise and safe for the courts
to leave the decision of academic matters to experts who are more
F familiar with the problems they face than the courts generally are.
Area of interference by courts would be limited to whether the
appointment made by the academic body had contravened any
statutory or binding rule and while doing so, the court should show
due regard to the opinion expressed by the experts and on whose
recommendations the academic body had acted and not to treat such
G
expert body as a quasi-judicial tribunal, deciding disputes referred to
it for decision. Equivalence of a qualification pertains purely to an
academic matter and courts would naturally hesitate to express a
....'
definite opinion, particularly, when it appears that the experts were
satisfied that the equivalence has already been considered and declared
H by it."
SAN.JAY KUMAR MANJUL v. THE CHAIRMAN. UPSC [S.B. SINHA. J.] 83
Mr. Viswanathan relied on N. Suresh Nathan and Anr. v. Union of India A
and Ors., [ 1992] Supp. I SCC 584 for the proposition that construction in
consonance with the long standing practice is permissible. There is no
dispute with regard to the aforementioned proposition of law. What.
however, is necessary for applying the principle of interpretation of statute
is to take recourse to th_e literal interpretation and only when the same would B
result in absurdity or anomaly, other principles. depending upon the nature
of the statu.~..>cmay be applied. It is not a case where the terms are statutorily
defined. The dictionary meaning or the meaning attached to the expression
in the context of the rules, therefore, must be given effect to not only having
regard to the purport and object thereof but also the opinion of the experts
in the field. C
We have noticed hereinbefore that even in common parlance Archaeology
and Epigraphy contain two different disciplines. It is used both in the
broader and narrower sense. Although the term 'Archaeology' may include
a science of Epigraphy, for the purpose of the Ancient Monuments and
Archaeological Sites and Remains Act, 1958 and the regulations framed D
thereunder, essential qualifications required for holding the post may have to
be construed differently.
Upon interpretation of the terms, this Court is satisfied that the Fourth
Respondent did not hold the requisite essential qualifications and, thus, was
not eligible to hold the post. Furthermore, we do not have sufficient materials E
to hold as to on what basis, the Archaeological Survey of India opined
~ifferently in the cases pf persons named in Ground 'G' of the writ petition
of the first Respondeni. We may, however, notice that the same has been

I explained. Mr. Viswanathan submitted that no explanation has been offered
in respect of Dr. Ramesh. We refrain ourselves from going into the said
question, simply on the proposition that Article 14 of the Constitution of F
India carries with it a positive concept and the equality clause contained
therein cannot be said to have any application in a case of illegality.
For the views we have taken, we are of the opinion that it is not
necessary for us to advert to the other contentions raised by the learned
counsel. G
For the reasons aforementioned, the impugned judgment of the High
Court cannot be sustained, which is set aside accordingly. The appeals are
allowed. No costs.

R.P. Appeal allowed.
H