2007 (10) TMI 617 - SC - Indian Laws

Whether preferential right had been given to the women.? Whether as the candidates had given only seven days time for making preparation to appear in the second screening test cannot give rise to a ground for setting aside the entire selection process?

Summary

Issues:
The judgment involves the question of reservation of women in the category of Assistant Director of Agriculture in the Andhra Pradesh Agricultural Service. The issues include the carry forward of vacancies from 1976, omission to make zonal reservation, and the prescription of age limits affecting the right of some agricultural officers to apply for posts. The case also deals with the retrospective effect of notifications providing reservations for women candidates and the validity of conducting a fresh screening test for candidates. Additionally, the judgment addresses the contention regarding the time granted for preparation for the second screening test and the legality of restricting reservation for women to 30% instead of 33 1/3%.

Analysis:
The Andhra Pradesh Public Service Commission issued a notification inviting applications for recruitment to various posts, including Assistant Director of Agriculture, without specifying reservation for women in that category. The appellants, who were Agricultural Officers, applied for these posts, leading to a series of legal challenges. The Tribunal passed interim orders in January 1993, and subsequent notifications in 1995 and 1996 increased the reservation for women candidates. Original applications filed by the appellants and others were dismissed by the Tribunal in 1998. The Tribunal later allowed a fresh screening test in 2000, which the appellants participated in but did not pass.

The appellants then filed an application before the Tribunal in 2001, questioning the limited time given for the second screening test and the lack of reservation for women candidates. The Tribunal's subsequent orders in 2003 revised the selections to restrict the reservation for women to 30%. Writ petitions challenging this decision were dismissed, leading to the current appeal before the Supreme Court.

The Court examined the legality of the retrospective effect of notifications providing reservations for women, emphasizing that rules applicable for selecting candidates are those prevailing at the time of the notification. The Court cited precedent to clarify that candidates have a vested right to be considered for selection based on the terms in the advertisement, with no absolute right to selection. In this case, the Court found that the appellants were not deprived of their right to be considered, as only a preferential right was given to women candidates.

Regarding the time granted for preparation for the second screening test, the Court held that all candidates were given equal time, and being employees did not entitle the appellants to special privileges. The Court concluded that the appellants were estopped from questioning the selection process due to their participation without objection. As a result, the appeals of the Andhra Pradesh Public Service Commission were allowed, and the appeal of one appellant was dismissed with costs. The Commission was directed to finalize the selection process expeditiously within three months.