STATE OF M.P. Vs. RAGHUVEER SINGH YADAV

JUDGEMENT

(1.) DELAY condoned.

(2.) LEAVE granted.

(3.) FOR recruitment to the posts of Inspectors, Department of Weights and Measures in the State of M.P., an advertisement was issued on July 27, 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 examinations were held and results were declared on August 26, 1989. Thereafter, the Board issued interview cards to the successful candidates. In the meanwhile, the Government amended the rules by M.P. Standard to 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 Technology or Diploma in Engineering. The respondents challenged the Amendment Rules on the 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 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.