DAVE - (1.) . This Letters Patent Appeal has been directed against the orders pronounced by the learned single Judge in Special Civil Application No. 6775 of 1986 dated 30/11/1992. The relief accorded to the petitioner by the learned single Judge vide the said orders runs thus : "... Accordingly, I would direct the respondent to operate the select list of Depot Manager published in the month of April, 1985 so far as petitioner is concerned and to give appointment to the petitioner to the post of Depot Manager within four weeks from the receipt of the writ of this Court. Rule is accordingly made absolute to the aforesaid extent."
(2.) . The question which arises for our consideration in the present Letters Patent Appeal may be formulated thus : ".. Whether a Select List drawn up in confirmity with the existing Recruitment Rules for filling up the existing vacancies can be abandoned and the process of selection which had culminated in drawing up of such a Selection List can be set at naught either (A) Because of the coming into operation of the New Rules which are only prospective in nature, or (B) Because of a subsequent settlement between the employer and some of the in service employees to which a selectee on the list was never a party and which again provides for a relaxation qua the experience qualification in violation of the Rules ?" The petitioner who is the respondent herein had approached this Court by filing the petition under Art. 226 of the Constitution of India, inter alia praying for the appropriate writ or direction to the original respondent - the appellant herein, Gujarat Slate Civil Supplies Corporation Limited, to operate the Select List for the post of Depot Manager and to give him the appointment on the basis of his selection and his inclusion in the select list prepared by the respondent-Corporation.
(3.) . The brief facts beyond the pale of controversy are that, that there were certain vacancies for the post of Depot Manager with the respondent- Corporation and, therefore the Corporation had asked for the sponsoring of the names of eligible candidates from the Employment Exchange, and accordingly, the name of the petitioner came to be sponsored. The petitioner vide letter dated 1/12/1984 was asked to participate in competitive written test examination to be conducted on 16/12/1984. The petitioner having passed the above said test was called for personal interview vide intimation letter dated 2/03/1985 and later on, on the basis of his performance during the interview he was selected and his name was included in the select list at Serial No. 11. The said select list was published on the notice board of the respondent-Corporation in the month of April 1985. Thus, it appears that the petitioner was duly selected for the post of Depot Manager and his name appeared at Serial No. 11 in the select list prepared and published by the respondent-Corporation. As the petitioner was not able to secure the appointment on making certain inquiries he had learnt that the respondent-Corporation has now decided not to operate the above said select list in view of the subsequently framed Recruitment Rules, under which a different quota was fixed for the Direct Recruits. The above said attitude of the respondent-Corporation had provided the petitioner with the necessary provocation to challenge their action by filing the petition before this Court.;