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

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MADHYA PRADESH ADMINISTRATIVE TRIBUNAL, JABALPUR
TRANSFERRED APPLICATION NO.1069/88
D.D. 13.01.1994
Baijnath Prasad Basadia ... Applicant
Vs.
State of M.P. & Ors. ... Respondents
Direct Recruitment:
Whether selection under old Rules is affected by subsequent amendment? – No
Selection to 30 posts of Deputy Director of Agriculture was made by the Commission under M.P.
Agricultural Services (Gazetted) Recruitment Rules, 1966 – Out of the select list 25 candidates were
appointed – 5 posts-4 under ST and 1 under GM category remained unfilled – Petitioners who were
placed in the waiting list filed this application to appoint them against unfilled posts – The State contended
that as per subsequent amendment dated 26.8.1988 filling up of posts of Deputy Director 100% by
promotion – Accepting the contention of the petitioners that selection commenced under the old Rules
will be governed by the unamended Rules has partly allowed the application with a direction to fill up
remaining 5 vacancies by issuing appointment orders to the candidates in the waiting list in order of
merit and to carry forward the additional vacancies under ST as per Rules.
Held:
Madhya Pradesh PSC
Since the process of selection had commenced under the unamended rules, the rights of the
petitioners have to be decided only in accordance with the unamended rules. The amendment
subsequently made cannot be relied upon to deny the claims of the petitioners.
Cases referred:
1. AIR 1983 SC 1199 - Dr. Vinay Rampal Vs. State of Jammur & Kashmir.
2. AIR 1988 SC 2068 - P. Ganeshwar Rao Vs. State of A.P.
3. AIR 1990 SC 405 - P.Mahendran vs. State of Karnataka
4. AIR 1991 SC 1612 - Shankasan Dash vs. Union of India
5. AIR 1993 SC 582 - Y.V.Ranaiah Vs. Sreenivasan Rao & others & State of A.P. Vs.
J.Sreenivasan Rao
ORDER
In response to advertisement No.0883 (Ann.A) issued by Public Service Commission, M.P., inviting
applications for appointment of Deputy Director Agriculture the 3 petitioners applied for the same as
members of general categories. Out of 30 posts five were reserved for Scheduled Caste, six for
Schedule Tribes and the rest 10 for general category. The petitioners faced the selection and were
placed in waiting list at Sl.No.3, 4 & 5 respectively. Copy of the select list issued by the Public
Service Commission on 27.7.86 is Annexure ‘B’. From the said list, twenty five candidates were
appointed as Deputy Director of Agriculture on 21.2.1987 by appointment order dated 11.2.87