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16. Mr. Bhattacharjee submitted that the Hon'ble Supreme Court noted the fact that under the Recruitment Rules as well as under the advertisement dates 6-10-1983 Issued by the Public Service Commission, holders of Diploma in Mechanical Engineering were eligible for appointment to the post of Motor Vehicles Inspector alongwith holders of diploma in Automobile Engineering. On receipt of applications, the Commission commenced Interview but before the selection process could be completed, the recruitment rules were amended in 1987, in such background, the Hon'ble Supreme Court observed that since the process of selection had commenced and could not be completed on account of Interim orders passed by the Karnataka High Court, the appellant's right to selection and appointment could not be defeated by subsequent amendment of the Rules.

20. Mr. Bhattacharya submitted that in the appeal the Division Bench, after observing that there could not be any doubt that the selection process starts from the date of grant of prior permission, keeping in view the fact that in other cases the same will begin from the date when an advertisement therefrom is made, held that since Rule 28 of the Rules for the Management of Recognised Non-Government Institutions (Aided and Unaided), 1969, had been substituted, it would be deemed that it would have effect as if the same was existing from the beginning. On such consideration, it was observed further that as the selection process was not complete and no panel had been prepared, the question of approval thereof by the District Inspector of Schools did not arise.

31. In the said background, the Division Bench observed that since the right of the candidates for being considered could have arisen only upon their names being sponsored and/or the Issue of advertisement and since prior thereto the aforesaid Act had come into operation, the recruitment process to fill up the vacancy would be governed by the said Act.

32. Inspite of taking a contrary view in Narayan Batdya's case and in Abdul Mannan Laskar's case from that expressed in Basudcu Bag's case, the Division Bench noted that the selection process starts from the date of grant of prior permission or from the date an advertisement therefrom is made. It was also observed that since the selection process had not been completed, that earlier rules relating to recruitment would no longer apply and would stand supplanted by the provisions of the 1997 Act.