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Our attention was drawn to Rule 6.1.2 of the Recruitment Rules of CSIR as it existed prior to and post 1st June, 2011. It was submitted that a promise was held out that candidates, who successfully complete the two- years training programme, were eligible for consideration for appointment to the post of Scientist 'C' in CSIR. This, it was submitted, means that the trainees, who successfully complete the said course, would form a separate class, and would be entitled as a matter of right to claim consideration for appointment as Scientist „C‟ and these candidates cannot be made to participate or compete with others or outside candidates. The petitioners, trainees of 2011-12 batch, claim that they have been discriminated even after successful completion of the said programme with distinction for they, unlike earlier batches of 2009-2010 and 2010-2011, were not issued appointment letters for the post of Scientist „C‟.

5. We have considered the said contention, but regret our inability to agree with the petitioners. Rule 6.1.2 as it existed prior to 1st June, 2011 and post thereafter have been reproduced in a chart in the present writ petition and for the sake of convenience and completeness, we would like to reproduce the same:-

"Rule 6.1.2 to the extent indicated hereunder Existing Revised Recruitment shall normally be (i) Persons with engineering made at the initial level of background and possessing Scientists Group iv. BE/B.Tech qualification will be recruitment as trainee scientist TS (1) Wherever need exists or and admitted to the Academy of arises, director of lab/instt can fill Scientist & innovation Research up the posts at lateral level to the (ACSIR) subject to meeting the extent recommended by Research norms of admission prescribed by Council with the condition that the Academy from time to time.

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(Note, abbreviation, TS standing for Trainee Scientists) The petitioners, it is accepted, were „Trainee Scientists‟ who have undergone two-year PGRPE diploma programme with distinction. A reading of the revised Rule illustrates that recruitment of Trainee Scientists was to be made as per the appointment rules prescribed by the Academy from time to time. It is further stipulated that Trainee Scientists will be paid stipend and not wages or salary. Trainees, upon successful completion of two years of training leading to an advanced diploma with distinction are eligible for consideration for appointment to the post of Scientist 'C' in the CSIR. Being eligible for appointment is not equivalent and does not mean that the trainee scientists would be entitled and had a vested right to claim appointment to a post. Once a candidate meets the eligibility qualification she/he is entitled to be considered with others in the selection. The candidate cannot profess that she/he must be issued or had secured a right to a special treatment or they form a distinct class. We do not think that the said stipulation means that the Recruitment Rules had undergone a change or modification.

11. In view of the aforesaid, the writ petition is dismissed. We clarify that the observations made above are only in respect of the present petitioners and will not be construed as observations regarding the pending enquiry, in respect of appointments of the 2009 batch. We also clarify that this order will not bar and prohibit the petitioners or other Trainee Scientists, who have successfully completed the programme with distinction, from applying for posts of Scientist 'C' in the CSIR in terms of Rule 6.5. Furthermore, we do not modify or erase any other direction issued by the Tribunal to the CSIR.