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50. It is to be pointed out that Instruction 7 in the advertisement dated 22-10-2013 stipulates that the number of vacancies may increase or decrease. The Agriculture Service Rules, 1993 clearly stipulate that it is the prerogative of the Government to determine the number of vacancies in accordance with the Rules. As per Rule 15 of the Agriculture Service Rules, 1993, "the recruitment authority would determine the number of vacancies for Scheduled Castes, Scheduled Tribes and other category candidates under Rule 6." Rule 6 stipulates that "reservation for Scheduled Castes, Scheduled Tribes and other Backward Class candidates would be done according to the orders of the Government prevalent at the time of appointment".
"......Thus, on the total advertised number of seats for open category i.e. 3616 × 3 = 10848 candidates were eligible under Rule 15(3) for interview test. However, by decreasing the number of seats vide letter dated 20-8-2014 i.e. 2515 × 3 = 7545 candidates were invited, thus, 10848 − 7545 = 3303 candidates were illegally deprived to appear in the interview test. However, in the Other Backward Class category, only 566 vacancies were advertised against which only 1698 candidates would be eligible to appear in the interview. However, by illegally increasing the number of vacancies to 2030, 6090 candidates had been invited for the interview. Thus, in the Other Backward Class category, 6090 − 1698 = 4392 more candidates were called for the interview, even though they were not eligible as per advertisement dated 22-10-2013. Thus, by changing the number of vacancies for different categories amounts to violation of Rule 15(3) of the 1993 Rules during the pendency of the advertisement and thus, depriving of 3303 general category candidates, even to appear in the interview and allowing 4392 more candidates of OBC in the zone of consideration for the selection, amounts to changing the rule of the game during the process of selection......".