Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

33. So also in the case of Charanram (supra), posts advertised earlier ceased to exist, which is not
so in the present matters, wherein the posts notified earlier on 3.1.1997 had not ceased/existed. On
the other hand, before us, the number of posts had increased to 145 posts in the year 2006 as against
35 posts notified in the year 1997. That apart, after noting what has been held in the decisions
referred that a candidate has no vested right to get the process completed and at the most the Government
could be required to justify its action on the touch-stone of Article 14 of the Constitution of India, what
has been observed in the decision is as under:
“17. In the facts of the present case it cannot even be suggested that the action of the
State of Rajasthan was in any way arbitrary in interpreting the earlier recruitment process
pursuant to the first advertisement dated 4 th November, 1993 Annexure-P1 as the Rules
themselves had got amended and the posts earlier advertised had ceased to exist.”
34. Similarly, the case of B.L.Gupta (supra) relates to promotions and not direct recruitment to
the post to be filled up after calling for applications and selections through PSC and as such, even that
decision cannot be of any help to the applicants in the present matters. Same could be said with
regard to the decision in the case of Delhi Judicial Officers Assn. (supra), relied on for the applicants.
35. So far as unreported Division Bench decision of the High Court of Karnataka in the case of
Sri. K.Narasimhamurthy (supra) is concerned, as noted in that decision itself, the Division Bench was
concerned with promotion and not direct recruitment and as such observed therein only that, even the
principles laid down in the case of V.Rangaiah and B.L.Gupta (supra) have no application to the case
before it. At the cost of repetition, it may be noted that we are concerned with the direct recruitment
and not the matter relating to promotion and as such, the observations made therein could be of no
help to the applicants.
36. Admittedly, the present applications relate to direct recruitment and not promotion. Further,
Notification dated 3.1.1997 issued for 35 posts was earlier stayed and later withdrawn in the year
2001, much earlier to notifying 145 posts in the year 2006. Old Rules, which were in force as on
3.1.1997, came to be amended consciously in the year 2005. So, it cannot be said that even after
amendment of Rules in the year 2005, those 35 posts notified in the year 1997 and covered by 145
posts notified now, require to be filled up in accordance with earlier Rules of 1976 only, which are no
more in force in the year 2006 when notified 245/145 posts. None of the decisions relied on for the
applicants had such a situation.
Karnataka PSC
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