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TMI Blog2007 (10) TMI 617X X X X Extracts X X X X X X X X Extracts X X X X ..... t 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 screening test on 27.12.1992. 4. Several original applications were filed before the Andhra Pradesh Administrative Tribunals claiming different reliefs and on different grounds. Appellant herein filed an original application which was registered as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 Tribunal only on 9.1.2001. However, by order dated 1.8.2003, the original applications were dismissed by the Tribunal holding that the selections made by the Commission did not call for any interference except to the extent that the selections have to be revised ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tted 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 deemed to have come into force in so far as it relates to the reservation to the extent of 30% of posts:- (a) with effect from the 2nd January, 1984 to each category of O.C., S.C., S.T., and to the unclassified B.Cs; and (b) with effect from the 17th October, 1990 to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 given to women and they shall be selected to an extent of at least 30% of the posts in each category of O.C., B.C., S.C. and S.T. quota. (3) In the matter of direct recruitment to posts which are reserved exclusively for being filled by women they shall be filled by women only (Vide G.O.M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 government orders, and if it further indicates the extent of reservations in favour of various categories, the selection of candidates in such a case must be made in accordance with the then existing rules and government orders. Candidates who apply, and undergo written or viva voce test acquire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 being considered. Only a preferential right had been given to the women. In that view of the matter, the High Court, in our opinion, was not correct in taking the said view. 15. The other contention of Mr. Rao that the candidates had given only seven days time for making preparation to appear in t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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