JUDGMENT : Kh. Nobin Singh, J. 1. Heard Shri B.P. Sahu, the learned Senior Advocate assisted by Shri Phungyo Zingkhei, the learned counsels appearing for the petitioner; Shri R.S. Reisang, the learned Senior Government Advocate assisted by Shri Shyam Sharma, the learned Government Advocate for the State respondents and Shri I. Lalitkumar, the learned Senior Advocate assisted by Shri I. Denning, the learned counsels appearing for the MPSC. 2. The validity and correctness of the Recruitment Rules, 2015 in respect of the post of Scientific Assistant (Toxicology) is being questioned and challenged in this writ petition and a prayer has also been made to quash the advertisement dated 29-08-2016 issued by the Manipur Public Service Commission (hereafter referred to as “the MPSC”) in respect of the said post. 3. The facts of the case as narrated in the petition, are that the petitioner is a Master of Science in Toxicology and while he was waiting for an advertisement for appointment to a suitable post commensurate with his educational qualifications, the MPSC issued an advertisement dated 29-08-2016 inviting applications from amongst the eligible candidates for appointment to the post of Scientific Assistants on various subjects/disciplines including the post of Scientific Assistant (Toxicology). As per the recruitment rules called “the Department of Home (Forensic Science Laboratory), Manipur (1) Scientific Assistant (Chemistry), (2) Scientific Assistant (Biology), (3) Scientific Assistant (Ballistics), (4) Scientific Assistant (Toxicology), (5) Scientific Assistant (Documents), (6) Scientific Assistant (Mobile Forensic Unit) and (7) Scientific Assistant (Photography) Recruitment Rules, 2015” (hereinafter referred to as the “Recruitment Rules, 2015”) published vide notification dated 23-10-2014, the essential qualifications for appointment to the said post of Scientific Assistant (Toxicology) are M.Sc. in Chemistry/Biochemistry/Forensic Science (with Chemistry in Bachelor's Degree) from a recognized University. The petitioner was not aware of the publication of the said Recruitment Rules, 2015 till when the said advertisement dated 29-08-2016 was issued by the MPSC and being aggrieved by it as well as the Recruitment Rues, 2015, the instant writ petition has been filed by the petitioner on the inter-alia grounds that the issuance of the said advertisement has deprived the candidates including the petitioner, of their legitimate expectation as well as the right to be considered for appointment to the post of Scientific Assistant (Toxicology). It has further been submitted that although M.Sc. It has further been submitted that although M.Sc. in Toxicology which was one of the essential qualifications in the earlier Recruitment Rules, 1999 for appointment to the post of Scientific Assistant (Toxicology), has been deliberately omitted in the Recruitment Rules, 2015. In respect of the appointment to various posts including the post of Sr. Scientific Assistant, the Sardar Vallabhbhai Patel National Police Academy, Hyderabad made M.Sc. in Toxicology as one of the essential qualifications. Similarly, in respect of the Forensic Science Laboratory, Delhi, M.Sc. in Toxicology is made one of the essential qualifications for appointment to the post of Scientific Assistant (HRD) and Sr. Scientific Assistant (Chemistry). M.Sc. in Toxicology is directly related to the post of Scientific Assistant (Toxicology) but the same has been excluded from being one of the essential qualifications for appointment to the post of Scientific Assistant (Toxicology) by way of a conspiracy being hatched amongst the respondents at the time of publication of the Recruitment Rules, 2015. Such an action on the part of the respondents is quite unreasonable and therefore, the Recruitment Rues, 2015 and the advertisement issued in respect of the post of Scientific Assistant (Toxicology) are violative of Article 14 of the Constitution as well as the law laid down by the Hon'ble Supreme Court to the effect that the appointment to a particular post of the State Government as well as the Union of India is a national wealth and therefore, each and every citizens shall have the right for being considered for appointment to the said post. In support of his contention, the learned counsel appearing for the petitioner has placed reliance on the decision rendered by the Hon'ble Supreme Court in Sanjay Kumar Manjul Vs. Chairman, UPSC & ores, (2006) 8 SCC 42 . 4. The stand of the State Government as indicated in the affidavit filed on their behalf by the Joint Secretary (Home), Government of Manipur is that the Forensic Science (Toxicology) is a branch of Chemical Science for which a strong foundation of Chemistry is required. A Forensic Toxicologist has to perform scientific tests on bodily fluids and tissue samples to identify any drugs or chemicals present in the body. On the other hand, M.Sc. A Forensic Toxicologist has to perform scientific tests on bodily fluids and tissue samples to identify any drugs or chemicals present in the body. On the other hand, M.Sc. in Toxicology as a subject being opened recently in only few institutions and universities, is not an essential qualification of scientific staff of most of the Forensic Science Laboratories including those of Andhra Pradesh, Assam, Goa, Gujarat, Himachal Pradesh, Karnataka, Manipur, Odisha, Punjab, Tamil Nadu, Tripura, etc. and CFSL (both DFSS & CBI). Therefore, M.Sc. in Forensic Science (Special Subject, Toxicology) prescribed as a qualification in the Recruitment Rules, 1999 has been replaced by M.Sc. in Forensic Science (with Chemistry in Bachelor's Degree) in respect of Scientific Assistant (Toxicology) in the Recruitment Rules, 2015. M.Sc. in Toxicology has never been a qualification in any of the Recruitment Rules of Scientific Assistant (Toxicology), Forensic Laboratory, Manipur. It may be a general Toxicology. There are about 13 (thirteen) branches of Toxicology, out of which Forensic Toxicology is one of them. Forensic Toxicology is a branch of applied Toxicology and M.Sc. in Toxicology may cover a very minute part of a whole syllabus. M.Sc. in Toxicology without any specialisation in Forensic Toxicology and with a mere mention of Forensic Toxicology in the syllabus, cannot be claimed as the most essential qualification directly related to the post of Scientific Assistant (Toxicology). It could be one of the reasons that in the Recruitment Rules, 2015, M.Sc. in Toxicology is not included as one of the essential qualifications. There are institutions in India like the LNJN National Institute of Criminology and Forensic Science, Government of India, Ministry of Home Affairs to train Forensic Scientist, where M.Sc. (Toxicology) is not one of the essential qualifications of Sr. Scientific Assistant (Toxicology). Toxicology Division of Forensic Science Laboratory, Manipur is a section where specialists in Forensic Toxicology have to work and therefore, it may not be necessary to include M.Sc. in Toxicology as one of the essential qualifications in the Recruitment Rules, 2015. An affidavit-in-opposition on behalf of the MPSC, the respondent No. 4 has been filed wherein it has been stated that the proposal for framing the Recruitment Rules, 2015 was furnished by the State Government and the Commission after examining the same minutely, found it to be appropriate and therefore, the Commission gave its concurrence and there was no question of conspiracy. 5. 5. The essential qualifications prescribed in the earlier Recruitment Rules, 1999 for appointment to the post of Scientific Assistants in various disciplines including the Scientific Assistant (Toxicology), are M.Sc. in Chemistry/Biology/Life Science (Zoology stream)/Physics/Forensic Science (Special subject, Toxicology) from a recognised University and on perusal thereof, it is seen that M.Sc. in Toxicology is not one of the essential qualifications nor has it been made an essential qualification in the subsequent Recruitment Rules, 2015 as well. To comprehend the background and the reason as to why the Recruitment Rules, 2015 came to be made, the relevant records of the State Government were called for vide order dated 13-07-2017 passed by this court and in compliance with it, the relevant file was placed by the learned Government Advocate before this court for perusal. On perusal of the same, it is seen that a proposal with regard to various amendments viz, separate recruitment rules for each post of Scientific Assistant, change of recruitment method, adding a post Asst. Lab., period of service for promotion, change of misspelt words in the qualification etc., in respect of the recruitment rules was initiated sometime in the month of October, 2012. The said proposal for making amendments was submitted by the Police Department on 01-02-2015 to the Home Department and after the said relevant file being processed amongst the concerned departments, the draft amendment was ultimately sent to the MPSC for its concurrence on 07-02-2015 by the Department of Personnel, Government of Manipur which was duly concurred by the MPSC vide its letter dated 24-09-2015. Therefore, the contention of the learned counsel appearing for the petitioner that M.Sc. in Toxicology has been excluded from being an essential qualification in the Recruitment Rules, 2015, has no substance at all. Moreover, the question of exclusion or deletion of M.Sc. in Toxicology from being a qualification in the Recruitment Rules, 2015 will not arise at all, when it was not prescribed as a qualification in the Recruitment Year, 1999 itself. in Toxicology has been excluded from being an essential qualification in the Recruitment Rules, 2015, has no substance at all. Moreover, the question of exclusion or deletion of M.Sc. in Toxicology from being a qualification in the Recruitment Rules, 2015 will not arise at all, when it was not prescribed as a qualification in the Recruitment Year, 1999 itself. It is well settled that the power to make rules regulating the recruitment and conditions of service in the State is vested in it under the provisions of Article 309 of the Constitution of India and in other words, it is a matter of policy decision and it is indubitably the domain of the State Government to take policy decisions which warrant no interference from the court except in cases where the vested right of a person has been infringed by it. To prescribe an eligibility criteria or a qualification in the recruitment rules for appointment to a particular post in the State is the job of an expert and the court not being an expert body, cannot substitute its opinion to that of the expert body. During the course of hearing, the learned counsel appearing for the petitioner was unable to point out as to how the petitioner's fundamental right or for that matter, his legal right had been infringed, when the said Recruitment Rules, 2015 was made vide notification dated 23-10-2014 and therefore, his contention that the said recruitment rules, 2015 are quite unreasonable, has no force and is not acceptable to this court. 6. As has been stated hereinabove in the preceding para, the decision of the Hon'ble Supreme Court in Sanjay Kumar Manjul case (supra) has been relied by upon by the learned counsel appearing for the petitioner. The question raised in that case was as to whether experience in Epigraphy may be considered to be “field experience in Archaeology” or not. The appellant therein was not impleaded as a party in the writ petition which was allowed by the High Court and therefore, he preferred an appeal before the Hon'ble Supreme Court by way of a special leave. The Hon'ble Supreme Court, while allowing the appeal, has held that the statutory authority is entitled to frame the statutory rules laying down the terms and conditions of service as also the qualifications essential for holding a particular post. The Hon'ble Supreme Court, while allowing the appeal, has held that the statutory authority is entitled to frame the statutory rules laying down the terms and conditions of service as also the qualifications essential for holding a particular post. It is only the authority concerned which can take ultimate decision. It has also been held that 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. This decision will not help the petitioner at all but rather, the State Government. Considering the materials on record, it can safely be held that there is nothing wrong in the Recruitment Rules, 2015. Having heard the learned counsels appearing for the parties, this court is of the view that the instant writ petition is devoid of any merit and is accordingly liable to be dismissed. 7. For the reasons stated hereinabove, the writ petition is dismissed with no order as to costs. N. Kotiswar Singh, Actg. C.J. 8. I have had the privilege of going through the reasoned judgment rendered by my brother, Hon'ble Justice Kh. Nobin Singh. However, unfortunately, I am unable to persuade myself to agree to the conclusion arrived in this judgment for the reasons enumerated hereinbelow. 9. The issue involved in this writ petition is about the legality/validity of the recruitment rules for the post of Scientific Assistant (Toxicology) published vide notification dated 23.10.2015 under the nomenclature of “the Department of Home (Forensic Science Laboratory), Manipur (1) Scientific Assistant (Chemistry), (2) Scientific Assistant (Biology), (3) Scientific Assistant (Ballistics), (4) Scientific Assistant (Toxicology), (5) Scientific Assistant (Documents), (6) Scientific Assistant (Mobile Forensic Unit) and (7) Scientific Assistant (Photography) Recruitment Rules, 2015”. Prior to the aforesaid recruitment rules of 2015, there was another set of recruitment rules for the post of Scientific Assistant (Chemistry/Biology/Ballistic/Toxicology/Documents of the Forensic Science Laboratory in the Police Department in Manipur which were published on 31.5.1999. As per the aforesaid recruitment rules published in 1999, the essential qualification for the post of Scientific Assistant (Toxicology) has been prescribed as follows:- “Essential: M.Sc. in Chemistry/Biology/Life Science (Zoology stream)/Physics/Forensic Science (Social subject, Toxicology) from a recognised University. Desirable : for Scientific Assistant - Previous experience in Forensic Science Laboratory in the concerned discipline will be preferred.” 10. As per the aforesaid recruitment rules published in 1999, the essential qualification for the post of Scientific Assistant (Toxicology) has been prescribed as follows:- “Essential: M.Sc. in Chemistry/Biology/Life Science (Zoology stream)/Physics/Forensic Science (Social subject, Toxicology) from a recognised University. Desirable : for Scientific Assistant - Previous experience in Forensic Science Laboratory in the concerned discipline will be preferred.” 10. From the aforesaid recruitment rules published in 1999, it can be stated that for the post of Scientific Assistant (Toxicology), the essential qualification was M.Sc. in Forensic Science with special subject in Toxicology. It is clear that for appointment to the post of Scientific Assistant (Toxicology), a person must have possessed certain academic qualification in the field of Toxicology by undergoing a special subject in Toxicology. Thus, if a person did not have knowledge in the subject of Toxicology in the Post Graduation Course of Forensic Science, the person was not eligible for appointment to the post of Scientific Assistant (Toxicology) even if he possessed M.Sc. in Forensic Science or Chemistry/Biology as the case may be as per the aforesaid old recruitment rules of 1999. 11. The subsequent new recruitment rules which were notified on 23.10.2015 is the subject matter of challenge in this writ petition. As per the aforesaid notification, separate rules have been provided for each of the posts of Scientific Assistant (Chemistry), Scientific Assistant (Biology), Scientific Assistant (Ballistic), Scientific Assistant (Toxicology), Scientific Assistant (Documents), Scientific Assistant (Mobile Forensic Unit) and Scientific Assistant (Photography) unlike in the earlier relevant rules, where a common recruitment rule was provided. 12. Under the new recruitment rules of 2015 as regards the post Scientific Assistant (Chemistry), the essential qualification has been prescribed as follows: “M.Sc. in Chemistry/Biochemistry/Forensic Science (with Chemistry in Bachelor's degree) from a recognized University.” As regards the post of Scientific Assistant (Biology), the essential qualification has been prescribed as follows: “M.Sc. in Zoology/Life Science (Zoology stream)/Biochemistry/Forensic Science/Physical Anthropology/Microbiology/Biotechnology (with Zoology in Bachelor's degree) from a recognized university.” As regards the post of Scientific Assistant (Ballistic), the essential qualification has been prescribed as follow: “M.Sc. in Physics or Forensic Science (with Physics in Bachelor's degree) from a recognized University”. As regards the post of Scientific Assistant (Documents), the essential qualification has been prescribed as follows: “M.Sc. in Physics/Forensic Science (with Physics in Bachelor's degree) from a recognized University”. in Physics or Forensic Science (with Physics in Bachelor's degree) from a recognized University”. As regards the post of Scientific Assistant (Documents), the essential qualification has been prescribed as follows: “M.Sc. in Physics/Forensic Science (with Physics in Bachelor's degree) from a recognized University”. As regards the post of Scientific Assistant (Mobile Forensic Unit), the essential qualification is prescribed as follows: “M.Sc. in Forensic Science (with Physics/Chemistry/Zoology/Biochemistry/Biotechnology in Bachelor degree)/Physics/Chemistry/Zoology/Microbiology/Biophyscs/Physical Anthropology/Biochemistry/Biotechnology/MCA (with Physics as one of the subjects in Bachelor degree)/M.S. IT (with Physics as one of the subjects in Bachelor degree) from a recognized University/Institute.” As regards the post of Scientific Assistant (Photography), the essential qualifications is prescribed as follows: “M.S. in Forensic Science (with Physics as one of the subjects in Bachelor degree)/Physics from a recognized University/Institute.” Similarly, as regards the post of Scientific Assistant (Toxicology) which is the issue in this petition, the essential qualification is laid down as follows: “M.Sc. in Chemistry/Biochemistry/Forensic Science (with Chemistry in Bachelor's degree) from a recognized University”. 13. On perusal of the essential qualifications for these separate posts, it will be seen that for these different posts of Scientific Assistants, the relevant academic qualifications prescribed bear close affinity with the posts. In respect of Scientific Assistant (Toxicology), the academic qualification of M.Sc. in Chemistry/Biochemistry/Forensic Science has been prescribed and even if they are presumed to be relatable to the post of Scientific Assistant (Toxicology), it does not clearly mention the requirement of possession of the knowledge in Toxicology, as was in the earlier recruitment rules of 1999 which specifically provided that one must have studied the special subject in Toxicology also. Nothing is, however, mentioned in the essential qualifications under the new recruitment rules of 2015 for the post of Scientific Assistant (Toxicology) that a person possessing the academic qualification of M.Sc. in Chemistry or Biochemistry or Forensic Science must have undertaken the special subject of Toxicology as mentioned in the old recruitment rules of 1999. In other words, under the new recruitment rules for the post of Scientific Assistant (Toxicology), if one possesses M.S. degree in Chemistry or Biochemistry or Forensic Science, even if one has not studied the subject of toxicology, he will still be eligible for appointment as a Scientific Assistant (Toxicology). 14. In other words, under the new recruitment rules for the post of Scientific Assistant (Toxicology), if one possesses M.S. degree in Chemistry or Biochemistry or Forensic Science, even if one has not studied the subject of toxicology, he will still be eligible for appointment as a Scientific Assistant (Toxicology). 14. This Court is mindful of the fact that it is within the realm of the rule making authority to prescribe such qualifications as may be necessary for the post. However, the issue raised by the petitioner in this writ petition is of great significance. He claims that the educational qualification of M.Sc. in Toxicology has been specifically omitted as one of the essential academic qualifications under the new recruitment rules, 2015, when the requirement of studying the subject of Toxicology was at least the essential requirement under the earlier recruitment rules of 1999. 15. It is the case of the petitioner that while the old recruitment rules of 1999 specifically required possession of some academic qualification in Toxicology for the said post of Scientific Assistant (Toxicology), there is no such mention of the requirement of having undertaken any subject or course in the subject of Toxicology under the new recruitment rules of 2015. The petitioner has contended that the omission of the academic qualification of M.Sc. in Toxicology as an essential academic qualification for the said post would be arbitrary. He contended that it was one of the essential qualifications in the earlier recruitment rules of 1999. Normally, Court would not prescribe any educational qualification as an essential qualification for any post, for it is for the rule making authority to do so. In the present case, it is not found as contended by the petitioner that educational qualification of M.Sc. in Toxicology was one of the essential qualifications in the old recruitment rules. But, if the rule making authority totally ignores a directly relevant subject and includes a not directly relevant subject, such recruitment rules may suffer from the vice of non application of mind, unreasonableness and arbitrariness. 16. It is the contention of the petitioner that while persons possessing M.Sc. in such subjects like Chemistry, Biochemistry, Forensic Science without any reference to specialization or knowledge in Toxicology have been made eligible for appointment to the post of Scientific assistant (Toxicology), a person who has done specialization in M.Sc. 16. It is the contention of the petitioner that while persons possessing M.Sc. in such subjects like Chemistry, Biochemistry, Forensic Science without any reference to specialization or knowledge in Toxicology have been made eligible for appointment to the post of Scientific assistant (Toxicology), a person who has done specialization in M.Sc. (Toxicology) has been omitted, which is quite unreasonable and arbitrary and thus violates the mandate of Article 14 of the Constitution. 17. The petitioner's case is also that there are other institutions where the academic qualification of M.Sc. in Toxicology has been made an essential qualification for similar posts as in Sardar Vallabhbhai Patel National Police Academy, Hyderabad where Master in Toxicology is one of the recognized essential qualifications for appointment to similar post. The same is true in the case of Forensic Science Laboratory in National Capital Territory of Delhi for the post of Junior Forensic/Assistant Chemical Examiner (Chemistry). 18. On the other hand, it is the case of the State respondents that M.Sc. (Toxicology) has been recently opened only in about 7 (seven) institutions/Universities and it is not widely prevalent and there is no other Forensic Science Laboratories in other States where it is not the essential qualification. It has been stated that Forensic Toxicology is a branch of Chemical Sciences and a strong foundation of Chemistry is required to become a specialist in Forensic Toxicology. It has been pleaded that Forensic Toxicologist has to perform scientific tests on bodily fluids and tissue samples to identify any drug or chemical present in the body. The respondents also contend that Biochemistry is also a new subject, having application in Forensic Toxicology, opened in most of the Indian Universities and many institutions. M.Sc. (Biochemistry) is included as one of the essential qualifications in many Forensic Science Laboratories in India including those of Andhra Pradesh, Gujarat, Haryana, Himachal Pradesh, Karnataka, Punjab, Tamil Nadu, Tripura, CFSL DFSS etc., where Toxicology examination is required. It has been also stated that there is no Forensic Science Laboratory in the country which does not have Chemistry as one of the essential qualifications for the post in Toxicology division. 19. This Court is not disputing or questioning the power of the rule making authority in prescribing the academic qualifications required for appointment to any post. It has been also stated that there is no Forensic Science Laboratory in the country which does not have Chemistry as one of the essential qualifications for the post in Toxicology division. 19. This Court is not disputing or questioning the power of the rule making authority in prescribing the academic qualifications required for appointment to any post. But, in the present case, this Court is concerned with the act of the rule making authorities in ignoring a very relevant subject and taking into consideration subjects not directly relevant to the post in issue. 20. In the present case, it has been noted that when the recruitment rules of 2015 have prescribed the academic qualification of M. Sc in Chemistry, Biochemistry, Forensic Science (Chemistry in Bachelor degree) from a recognized University as an essential qualification for the post of Scientific Assistant (Toxicology), there is no indication as to whether the knowledge in the subject of Toxicology is mandatory or not as was required under the earlier recruitment rules of 1999. The post of Scientific Assistant (Toxicology) obviously has to deal with investigation which involves Toxicology. To deal with cases of poisoning or overdose of drugs, etc., a Scientific Assistant (Toxicology) must have knowledge of Toxicology at least, in addition to knowledge in other branches of Sciences. That is the reason why under the old recruitment rules of 1999, even though persons possessing M.Sc. Degree in Forensic Science were made eligible for appointment to the post of Scientific Assistant (Toxicology), it also made it mandatory that they must have also studied a special subject in Toxicology so as to be eligible for appointment to the post of Scientific Assistant (Toxicology). Thus, if anyone possessing M.Sc. Degree in the subjects of Chemistry/Biology/Forensic Science has not studied a special subject in Toxicology, he could not be said to be eligible for appointment to the post of Scientific Assistant (Toxicology) under the old Recruitment Rules. The reason is too obvious to be further elucidated. 21. The aforesaid old recruitment rules of 1999 would also indicate that one may possess M.Sc. Degree in Chemistry/Biology/Forensic Science, but may not have studied the subject of Toxicology. That is why the rule making authority specifically mentioned that one must have studied the special subject of Toxicology so as to be eligible for appointment to the post of Scientific Assistant (Toxicology) even if he had studied M.Sc. Degree in Chemistry/Biology/Forensic Science, but may not have studied the subject of Toxicology. That is why the rule making authority specifically mentioned that one must have studied the special subject of Toxicology so as to be eligible for appointment to the post of Scientific Assistant (Toxicology) even if he had studied M.Sc. in Chemistry/Biology/Forensic Science. However, under the new recruitment rules of 2015, the rule making authorities have not insisted upon the knowledge in Toxicology as there is no such reference/mention of such requirement under the new recruitment rules of 2015. 22. Thus, quite surprisingly under the new recruitment rules of 2015, nobody can be disqualified for applying for the post of Scientific Assistant (Toxicology) even if he has not done the special subject of Toxicology as this specific requirement has been omitted under the new Recruitment Rules. The files produced by the respondents do not indicate in any manner that this issue about the possession of knowledge in the subject of Toxicology had been considered by the rule making authorities, There is no such reference to the requirement of knowledge of Toxicology under the new Recruitment Rules of 2015 when the post of Scientific Assistant (Toxicology) has to specifically deal with cases involving Toxicology. There is also nothing to indicate why this requirement of knowledge in the subject of Toxicology has been dispensed with under the new recruitment rules. Therefore, considered from the requirements of the old recruitment rules of 1999, the new recruitment rules for the post of Scientific Assistant (Toxicology) seem to suffer from vice of vagueness and unreasonableness. Further, the stand of the State Respondents that the course of M.Sc. (Toxicology) is a relatively new subject and not widely prevalent and hence not included as one of the essential qualifications, is rather quite surprising and irrelevant and also seems to be unreasonable for the reasons that, Firstly, the respondents themselves have stated that the course of M.Sc. in Biochemistry is also a new subject but has been included as one of the essential qualifications. Thus, if a new subject of Biochemistry has been included, why ignore another new subject of M.Sc. in Biochemistry is also a new subject but has been included as one of the essential qualifications. Thus, if a new subject of Biochemistry has been included, why ignore another new subject of M.Sc. in Toxicology which is directly related to the post of Scientific Assistant (Toxicology); and Secondly, if other courses which do not directly relate to the subject of Toxicology have been included, for example, those possessing Master's Degree in Chemistry, Biology, Forensic Science (Chemistry in Bachelor Degree), are eligible for appointment to the post of Scientific Assistant (Toxicology) yet a person undergoing M.Sc. course in the subject of Toxicology which is directly related to the post has been found to be omitted. This, in the view of the Court, the aforesaid act of the respondents, is quite unreasonable. This Court, however, is not at all suggesting that other qualifications prescribed under the new Recruitment Rules are bad, but what this Court finds is that there is no reason why a person possessing educational qualification of M.Sc. in Toxicology which is directly related with the subject of Toxicology which a person occupying the post of Scientific Assistant (Toxicology) has to deal, has been omitted. 23. The respondents have not also stated that for undergoing M.Sc. in Toxicology, one may not have studied Chemistry at Graduation level which subject according to the rule making authority is necessary for the post, and it is not the stand of the respondent that it is the reason for not including M.Sc. in Toxicology as an essential qualification. Had it been so, the rule making authority can insist that only those who had studied M.Sc. in Toxicology with Chemistry in Graduation will be eligible, in the same manner the authorities have insisted that only those who possess M.Sc. in Chemistry/Biochemistry/Forensic Science, with Chemistry in Bachelor's Degree are eligible. Nothing prevents the rule making authority from prescribing such condition of having undertaken Chemistry in Graduation level for those having M.Sc. in Toxicology, while also including M.Sc. (Toxicology) as one of the essential qualifications. 24. Therefore, this Court is of the opinion that the aforesaid new recruitment rules for the post of Scientific Assistant (Toxicology) notified in 2015 suffers from the vice of unreasonableness and arbitrariness and also non application of mind in omitting M.Sc. in Toxicology, while also including M.Sc. (Toxicology) as one of the essential qualifications. 24. Therefore, this Court is of the opinion that the aforesaid new recruitment rules for the post of Scientific Assistant (Toxicology) notified in 2015 suffers from the vice of unreasonableness and arbitrariness and also non application of mind in omitting M.Sc. (Toxicology) a subject which is directly related to the post as an essential qualification when other subjects not directly related to the post have been included and also not by insisting that knowledge of Toxicology as mandatory for those who possess M.Sc. in Chemistry/Biology/Forensic science with Chemistry in Bachelor degree for appointment for the post of Scientific Assistant (Toxicology). 25. The reason assigned by the State respondents that the course in M.Sc. in Toxicology is a relatively new subject and not widely prevalent and that it is also not an essential qualification in many other institutions seems to be frivolous and irrelevant if the other new subject of Biochemistry has been included. The justification of the State respondents in omitting the qualification of M.Sc. in Toxicology is not based on any reason that it is not relevant to the post. Thus, if the authorities have omitted directly relevant subjects while considering not directly relevant subjects for appointment to the post of Scientific Assistant (Toxicology), such an action of the authorities will be vitiated. Accordingly, for the reasons discussed above, though this Court rejects the plea of the petitioner that the educational qualification of M.Sc. (Toxicology) was one of the essential qualifications in the old recruitment rules of 1999 for the post of Scientific Assistant (Toxicology), this Court holds that the new recruitment rules of 2015 for the post of Scientific Assistant (Toxicology) suffer from vice of unreasonableness and arbitrariness violating Article 14 of the Constitution of India, and are accordingly, set aside. The respondent authorities are, consequently directed to reconsider the appropriateness of the education qualifications already prescribed by considering the claim of the petitioner for inclusion of the education qualification of M.Sc. in Toxicology as one of the essential qualifications for appointment to the post of Scientific Assistant (Toxicology) with suitable conditions as the authorities may deem fit. 26. For the reasons discussed above, the petition is allowed. 27. In view of the above differing views, the matter is referred for the opinion of the third Hon'ble Judge of this Court. in Toxicology as one of the essential qualifications for appointment to the post of Scientific Assistant (Toxicology) with suitable conditions as the authorities may deem fit. 26. For the reasons discussed above, the petition is allowed. 27. In view of the above differing views, the matter is referred for the opinion of the third Hon'ble Judge of this Court. The matter may be placed before the Hon'ble Chief Justice.