THE STATE OF M.P. AND ORS.versusRAGUVEER SINGH YADAV AND ORS.

                   THE STATE OF M.P. AND ORS.                                  A
                                     v.
               RAGUVEER SINGH YADAV AND ORS.

                            AUGUST 8, 1994
                                                                               B
         (K. RAMASWAMY AND N. VENKATACHALA, JJ.]

       Service Law-M.P. Standard of Weights and Measurement (Enforce-
ment) Rules, 1989'-Recruitment-f'ost of Inspectors-Notification Is-
sued-Written examination held and results declared-Interview cards
issued-Amendment of Rules altering eligibility qualifications-Claims of can-
                                                                               c
didates on the basis of marks secured-Whether State is entitled to withdraw
notification by which it previously notified recruitment and to issue fresh
notification on the basis of amended rules-Held-Amended Rules have only
prospective operation.
                                                                               D
      For recruitment to the posts of Inspectors, Department of Weights
and Measure in the State of M.P., an advertisement was issued on July 27,
1987 calling for applications from eligible candidates. The qualifications
prescribed for eligibility was degree in Arts or Commerce or Science or
Engineering or Diploma in Engineering. Written examinations were held
and the results were declared on August 26, 1989. lnteniew cards were          E
issued to the successful candidates. In the meanwhile the Government
amended the rules by M.P. Standard of weights and Measurement (Enfor-
cement) Rules, 1989 and altered the eligibility qualifications for appoint-
ment to these posts by prescribing a degree in Science with Physics as a
subject or degree in Engineering or Technology or Diploma in Engineering.      F

      The respondents challenged the Amended Rules contending that
having issued the Notification for filling up the posts the State had to
proceed with recruitment only as per the qualification prescribed in the
notification and that subsequent amendment to the Rules should not stand       G
in the way of the Recruitment Board to consider the claims, on basis of
marks secured by tl1em in the examination and also inteniews to be held.
The Tribunal allowed the application. The State preferred an appeal to
this Court against the above order of the Tribunal.

      Allowing the appeal, this Court                                          H
                                   459
    460                     SUPREME COURT REPORTS (1994) SUPP: 2 S.C.R.

A         HELD: It is settled law that the State has got power to prescribe
    qualifications for recruitment. In the instant case pursuant to Amended
    Rules, the government has withdrawn notification and wants to proceed
    with the recruitment afresh. It is not a case of any accrued right. The
    candidates who appeared for the examination and passed the written
    examination had only legitimate expectation to be considered of their
B   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. No can·
    didate acquired any vested right against the State. The State is entitled to
    withdraw the notification by which it had previously notified recruitment
c   and to issue fresh notification in that regard on the basis of the amended
    rules. [461-F-G]

           P. Mahendran & Ors. v. State of Kamataka & Ors., distinguished.

           CIVIL APPELLATE JURISDICTION : Civil Appeal No. 5627 of
D 1994.
         From the Judgment and Order dated 12.10.1993 of the Madhya
    Pradesh Administrative Tribunal, in 0.A. No. 2484 of 1989.

           Kashev_ Dayal, Rajinder Singhvi and S.K. Agnihotri for the Appel·
E Iants.

           B.S. Banthia for the Respondents.

           The following Order of the Court was delivered :
F          Delay condoned.

           Leave granted.

           This appeal arises from the order of the M.P. Administrative
G Tribunal, Jabalpur in 0.A. No. 2484/89, dated October 12, 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 candid~tes. The facts
    lie in a short copass :

H          For recru.itment to the posts of Inspectors, Department of Weights
                          STATEv. R.S. YADAV ·                           461

 and Measures in the State of M.P., an advertisement was issued on July 27,     A
 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
exammations were held and result were declared on August 26, 1989.
Thereafter, the Board issued interview cards to the successful candidates.      B
In the meanwhile, the Government amendment 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 Technol-
ogy or Diploma in Engineering. The respondents challenged the Amended           C
Rules on lhe 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 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         D
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 was found favour with the Tribunal and accordingly the
Tribunal allowed the application.

       It is not in .dispute that Statutory Rules have been made introducing    E
Degree in Science or Engineering or Diploma in Technology as qualifica-
tions for recruitment to the posts of Inspector of weights and Measure. 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 Govern-
ment has withdrawn the earlier notification and wants to proceed with
recruitment afresh. It is not a case of any accrued right. The candidates       F
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 change rules and make final recruitment. Obviously no candidate        G
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.

      The ratio inP. Mahendran & Ors.,v. State of Kamataka & Ors., AI.R.        H
    462                   SUPREME COURT REPORTS [1994) SUPP. 2 S.C.R.

A (1990) SC 405 has no application to the facts in this case. In that case, for
    the posts of Motor Vehicles Impector, 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
B   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
    aceount for considering the claims of the candidates on the basis of the
    original advertisement. The ratio therein clearly inapplicable to the facts ·
    in this case.
c          The appeal is accordingly allowed but in the circumstances without
    costs. The State is dir~cted to issue fresh notification within a period of six
    weeks from the data of the receipt of this order for recruitment in accord-
    ance with the amended rules.

    A.G.                                                         Appeal allowed.




                   t.




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