THE STATE OF M.P. AND ORS. versus RAGUVEER SINGH YADAV AND ORS.

Citation: [1994] SUPP. 2 S.C.R. 459 · Decided: 08-08-1994 · Supreme Court of India · Bench: K. RAMASWAMY, N. VENKATACHALA · Disposal: Appeal(s) allowed

Judgment (excerpt)

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 c 
issued-Amendment of Rules altering eligibility qualifications-Claims of can-
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 
459 
H 
A 
B 
c 
460 
SUPREME COURT REPORTS (1994) SUPP: 2 S.C.R. 
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 
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 
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. 
E 
F 
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· 
Ian ts. 
B.S. Banthia for the Respondents. 
The following Order of the Court was delivered : 
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 (Enforceme

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