M.P. Vs. Raghuveer Singh Yadav  INSC
416 (8 August 1994)
K. Ramaswamy, K. Venkatachala N. (J)
1994 SCC (6) 151 JT 1994 (5) 235 1994 SCALE (3)766
This appeal arises from the order of the M.P Administrative Tribunal, Jabalpur
in OA No. 2484 of 1989 dated 12-10-1993 directing the appellant to proceed with
the selection of the candidates without taking into account the amendment made
to the rules, introducing the B.Sc. as a qualification for consideration of the
applications of candidates. The facts lie in a short compass.
recruitment to the posts of Inspectors, Department of Weights and Measures in
the State of M.P, an advertisement was issued on 27-7-1987 calling for applications from eligible candidates.
The qualification prescribed for eligibility was degree in Arts or Commerce or
Science or Engineering or Diploma in Engineering. It would appear that written
examinations were held and results were declared on 26-8-1989. Thereafter, the Board issued interview cards to the
successful candidates. In the meanwhile, the Government amended the rules by
M.P. Standard of Weights and Measurement (Enforcement) Rules, 1989 in
consultation with Government of India and Public Service Commission and altered
the eligibility qualification for appointment to those posts by presenting
degree in Science with Physics as a subject or Degree in Engineering or
Technology or Diploma in Engineering. The respondents challenged the amended
rules on the ground that having issued the notification for filling up the
posts of Inspectors with Degree of Arts and Commerce the State had to proceed
with 153 the recruitment only as per the qualification prescribed in the
notification and the subsequent amendment to the rules should not stand in the
way of the Recruitment Board to consider the claims on the basis of marks
secured in the examination and also interview to be held. In other words the
amended rules have no retrospective operation. This contention found favour
with the Tribunal and accordingly the Tribunal allowed the application.
is not in dispute that Statutory Rules have been made introducing Degree in
Science or Engineering or Diploma in Technology as qualifications for
recruitment to the posts of Inspector of Weights and Measures. It is settled
law that the State has got power to prescribe qualifications for recruitment.
Here is a case that pursuant to amended Rules, the Government has withdrawn the
earlier notification and wants to proceed with the recruitment afresh. It is
not a case of any accrued right. The candidates who had appeared for the
examination and passed the written examination had only legitimate expectation
to be considered of their claims according to the rules then in vogue. The
amended Rules have only prospective operation. The Government is entitled to
conduct selection in accordance with the changed rules and make final
recruitment. Obviously no candidate acquired any vested right against the State.
Therefore, the State is entitled to withdraw the notification by which it had
previously notified recruitment and to issue fresh notification in that regard
on the basis of the amended Rules.
ratio in P Mahendran v. State of Karnataka1 has no application to the facts in this case. In that case, for the
posts of Motor Vehicles Inspector, apart from the qualifications prescribed,
they issued additional qualifications and selection was sought to be made on
the basis of additional qualifications. It was held that since recruitment was
sought to be made on the basis of the qualifications prescribed, the additional
qualifications prescribed thereafter have no retrospective effect to the
recruitment already set in motion. Under those circumstances, additional
qualifications were directed not to be taken into account for considering the
claims of the candidates on the basis of the original advertisement. The ratio
therein is clearly inapplicable to the facts in this case.
appeal is accordingly allowed but in the circumstances without costs. The State
is directed to issue fresh notification within a period of six weeks from the
date of the receipt of this order for recruitment in accordance with the
amended Rules. 1 (1990) 1 SCC 411 : 1990 SCC (L&S) 163: (1990) 12 ATC 727: