TMI Blog2007 (10) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... 0.1992 inviting applications for recruitment to various posts including 34 posts in the category of Assistant Director of Agriculture in the Andhra Pradesh Agricultural Service. Although in the said notification stipulations were made in respect of grant of reservation for women to the extent of 30%, no such stipulation was made in respect of the vacancies in the category of Assistant Director of Agriculture. This appeal involves the question of reservation of women in the said category. 3. Appellants herein had been working as Agricultural Officer in Andhra Pradesh Agricultural Service. They, in terms of the said notification, applied for the said posts. A screening test was to be held therefor. About 510 candidates appeared for the scr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cting a fresh screening test was issued on 12.12.2000 pursuant where to a second screening test was conducted on 7.1.2001. Appellant, although appeared, did not pass the said test. 7. Inter alia, on the premise that a very limited time had been granted to them for appearing in the second screening test as also on the ground that no reservation for women could be provided for in terms of the said Notification dated 28.5.1996, an original application marked as OA No. 83 of 2001 was filed by the appellants before the Tribunal on 8.1.2001. No order of stay was passed therein. 8. The Public Service Commission interviewed the candidates on 8.1.2001 and 9.1.2001 who had been found suitable therefor. An interim order was passed by the Trib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... made. 12. Learned counsel appearing on behalf of the Andhra Pradesh Public Service Commission, on the other hand, submitted that as on the date of publication of the notification, selection process was not over, the Tribunal and consequently the High Court committed an error in opining that reservation for women should have been kept confined to 30% only. The Notification being GOMs No.928 dated 6.10.1995 reads thus : In exercise of the powers conferred by the proviso to Article 309 read with clause (4) of Article 16 and Article 335 of the Constitution of India, the Governor of Andhra Pradesh hereby makes the following amendment to the Andhra Pradesh State and Subordinate Service Rules. 2. The amendments hereby made shall be deem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation. It is also equally well settled that the State may, subject to constitutional limitations, amend the rule with retrospective effect. Rule 22-A which was applicable as on the date of the said notification reads as under: Rule 22-A. Notwithstanding anything contained in these Rules or Special or Ad hoc Rules, (1) In the matter of direct recruitment to posts for which women are better suited than men, preference shall be given to women : (G.O.Ms. No.472, G.A., Dt.11.10.85) Provided that such absolute preference to women shall not result in total exclusion of men in any category of posts. (2) In the matter of direct recruitment to posts for which women and men are equally suited, other things being equal, preference shall be give ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng therefrom shall ensure. In such an event, the applicable rule would not be the rule which was existing but the one which had been validly brought on the statute book from an anterior date. The Tribunal and the High Court, therefore, in our opinion, committed an error in opining otherwise, particularly when the constitutionality of the said rule was not in question. 13. In N.T. Devin Katti v. Karnataka Public Service Commission [(1990) 3 SCC 157], this Court categorically held: 11. There is yet another aspect of the question. Where advertisement is issued inviting applications for direct recruitment to a category of posts, and the advertisement expressly states that selection shall be made in accordance with the existing rules or g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there be any confusion, we would like to make it clear that a candidate on making application for a post pursuant to an advertisement does not acquire any vested right of selection, but if he is eligible and is otherwise qualified in accordance with the relevant rules and the terms contained in the advertisement, he does acquire a vested right of being considered for selection is accordance with the rules as they existed on the date of advertisement. He cannot be deprived of that limited right on the amendment of rules during the pendency of selection unless the amended rules are retrospective in nature. (Emphasis supplied) 14. In this case, the qualification of a candidate is not in question. Nobody has been deprived of his right of b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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