Singh, J. - (1.) This appeal is directed against the judgment and order of the Karnataka Administrative Tribunal, Bangalore dated September 30, 1987 quashing Karnataka Public Service Commission's Notification dated 28-9-1983 inviting applications for recruitment of Motor Vehicle Inspectors and the select list prepared by it for appointment to the post of Motor Vehicle Inspectors and further directing the Public Service Commission to invite fresh applications in accordance with the amended Rules. Some of those candidates whose names were included in the select list prepared by the Public Service' Commission for appointment to the post of Motor Vehicle Inspectors have filed a writ petition under Art. 32 of the Constitution of India for the issuance of directions to the State Government of Karnataka for making appointments to the post of Motor Vehicle Inspectors from the select list prepared by the Commission. Since the questions involved in the appeal by special leave filed against the order of the State Tribunal and the writ petition are common, we consider it proper to dispose of the same by a common judgment.
(2.) The dispute involved in the present cases relates to the selection and appointment of Motor Vehicle Inspectors. Recruitment to the said post is regulated by the Karnataka General Service (Motor Vehicles Branch) (Recruitment) Rules, 1962 (hereinafter referred to as 'the Rules) framed under Article 309 of the Constitution These Rules provide for direct recruitment to the post of Motor Vehicle Inspectors and it further lays down the minimum qualification requiring a candidate to be holder of Diploma in Authomobile Engineering or Mechanical Engineering. In 1978 the Karnataka Public Service Commission held selections and about 200 posts of Motor Vehicle Inspectors were filled up from amongst the candidates holding Diploma in Mechanical Engineering and in Automobile Engineering. On September 28, 1983 the Public Service Commission issued an advertisement (published in the Karnataka Gazette on October 6, 1983) inviting applications for 56 posts of Motor Vehicle Inspectors which was later on increased to 102 posts. The advertisement specifically stated that the selection shall be made in accordance with the Recruitment Rules 1976 and it further stated that a candidate for selection must be holder of Diploma in Automobile Engineering or Mechanical Engineering. The appellants/ petitioners (in writ petition) who were holding Diploma in Mechanical Engineering along with others applied for selection to the post of Motor Vehicle Inspectors. The Commission after scrutiny of the application forms issued, letters for interview to the suitable candidates and the Commission commenced the holding of interviews in August, 1984. It appears that the Commission refused to interview some candidates who were competing for selection against the reserved seats for 'local candidates' on the ground that they were not entitled to be treated as 'local candidates' as they had not actually worked as 'local candidates' in the post of Motor Vehicle Inspectors and further they had secured low percentage of marks, they were further not entitled to be interviewed against the seats earmarked for general pool as the marks secured by them were less than the percentage of marks obtained by the last candidate called for interview. The candidates claiming reserved seats as 'local candidates' filed a number of petitions under Art. 226 of the Constitution before the High Court of Karnataka and obtained stay orders as a result of which the selection could not be completed. Later interim orders were modified by the High Court and the Commission was permitted to proceed with the selection reserving seats for the petitioners. The High Court further modified its order at a later stage permitting the Commission to make selection and appointment with a condition that the appointments so made will be subject to the decision of the writ petitions. Thereafter the Commission resumed interviews again and it completed the same by 2nd June 1987 and declared the result of the selection on 22-6-1987 which was published in the Karnataka Gazette dated 23rd July, 1987. The selected candidates were given intimation of their selection and the State Government took steps for imparting them three months' training before appointing them as Motor Vehicle Inspectors.
(3.) Meanwhile, the State Government of Karnataka amended the Recruitment Rules by a Notification dated May 4, 1987 published in the Gazette on 14-5-1987 omitting the qualification of Diploma in Mechanical Engineering for the post of Motor Vehicle InspectorS. C.onsequent to the amendment of Rules the holders of Diploma of Automobile Engineering became exclusively eligible for appointment to the post of Motor Vehicle Inspectors and the holders of Diploma in Mechanical Engineering ceased to be eligible for selection and appointment to the said post. Some of those candidates who were unsuccessful at the selection held by the Commission preferred applications before the Karnataka Administrative Tribunal at Bangalore for quashing the select list prepared by the Commission and also for quashing the Notification dated 28-9-1983 inviting applications for appointment to the post of Motor Vehicle Inspectors on the ground that after the amendment of Rules in 1987, no person holding the Diploma in Mechanical Engineering was qualified for appointment, therefore, fresh selection should be made in accordance with the amended Rules. The State Government of Karnataka as well as the appellants both contested the applications and asserted that the 1987 amendment to the Recruitment Rules were not retrospective instead the amendments were prospective and the amended Rules did not affect the selections which were in the process of finalisation by the Commission. The Tribunal held that after the Amendment of the Recruitment Rules in May, 1987 the Commission could not make selection or determine the result on the basis of the Rules which existed prior to 14th May 1987 and as such the selection of candidates holding diploma in Mechanical Engineering was illegal as holders of Diploma in Mechanical Engineering ceased to be eligible for appointment to the post of Motor Vehicle Inspectors with effect from the date of publication of the amending Rules. On these findings the Tribunal allowed the applications and quashed the advertisement issued under the Notification dated 28-9-1983 as well as the select list published by the Public Service Commission and it further issued directions to the Public Service Commission to invite fresh application and to make selections in accordance with the amended Rules. Aggrieved, the appellants who had been selected by the Commission for appointment to the posts of Motor Vehicle Inspectors have preferred appeal before this Court. Some of the selected candidates have directly approached this Court by means of writ petition under Art. 32 of the Constitution for issue of mandamus directing the State Government to appoint the selected candidates.;