P. MAHENDRAN versus STATE OF KARNATAKA

P. MAHENDRAN versus STATE OF KARNATAKA

The amended Recruitment Rules of 1987, which excluded Diploma in Mechanical Engineering as qualification, did not have retrospective effect; candidates who applied and were selected under the previous Rules are entitled to be considered and appointed based on the select list prepared and finalized by the Commission.

Parties
Appellant: P. Mahendran; Respondent: State of Karnataka; Intervener: Anil Dev Singh
Jurisdiction
India
Judgment Date
05 December 1989
Procedural Posture
Civil Appeal and Writ Petition / Supreme Court Judgment on Appeal From Administrative Tribunal and Writ Petition Under Article 32
Outcome
Appeal and writ petition allowed; Tribunal's order set aside.
Legal Topics
Recruitment Rules, Retrospective Vs Prospective Legislation, Selection Process, Eligibility Criteria
Constitutional Law Administrative Law Service Law Recruitment Rules Retrospective Vs Prospective Legislation Selection Process Eligibility Criteria

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Parties

P. Mahendran

Appellant

State of Karnataka

Respondent

Anil Dev Singh

Intervener

Procedural Posture

Civil Appeal and Writ Petition / Supreme Court Judgment on Appeal From Administrative Tribunal and Writ Petition Under Article 32

Legal Issues

  1. 1 Whether amendment to Recruitment Rules excluding Diploma in Mechanical Engineering as a qualification applied retrospectively to ongoing selection.
  2. 2 Whether selected candidates under old rules can be appointed after rules are amended.

Ratio Decidendi

The amended Recruitment Rules of 1987, which excluded Diploma in Mechanical Engineering as qualification, did not have retrospective effect; candidates who applied and were selected under the previous Rules are entitled to be considered and appointed based on the select list prepared and finalized by the Commission.

Court Disposition

Appeal and writ petition allowed; Tribunal's order set aside.

Orders

  • State Government directed to make appointment to the posts of Motor Vehicle Inspectors on the basis of select list prepared and finalized by the Commission.
  • Writ petition disposed of accordingly.