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3. Let us first examine whether there is any conflict between Kunju Kunju's case and Stalin's case. Kunju Kunju's case related to selection and appointment as Industries Extension Officers in the Industries Department. The selection process for appointment as Industries Extension Officers was initiated at a time when recruitment to the post of Industries Extension Officers was not governed by any statutory rules. The State Government, by order dated 23-8-1962, in consultation with the Kerala Public Service Commission, prescribed certain methods of appointment and qualifications for the said post. The PSC invited applications for 33 posts of Industries Extension Officers by notification dated 26-5-1992 as per which the qualifications for appointment were those prescribed in the Government Order dated 23-8-1962. Before the Commission could complete the selection process i.e. even before the interviews were held, the State Government, in exercise of its powers under Sub-section (1) of Section 2 of the Kerala Public Services Act, 1968, framed rules for recruitment to the Kerala Industries Subordinate Service. These Rules were named, "Special Rules for the Kerala Industries Subordinate Service, 2001" which were published in the Kerala Gazette dated 17-2-2001. It was specifically stated in the notification itself that those Rules were deemed to have come into force with effect from. 1-7-1983. The Division Bench considered the effect of the Special Rules introduced with retrospective effect on the selection process which was in progress at the time of promulgation of the Special Rules. The Division Bench, after consideration of the question, held in paragraph 11 as follows:

(Underlining is ours) Referring to the earlier decisions. Justice K.N. Singh observed in paragraph 13 of the Judgment as under:

It is well accepted principle of construction that a statutory rule or Government Order is prospective in nature unless it is expressly or by necessary implication made to have retrospective effect. Where proceedings are initiated for selection by issuing advertisement, the selection should normally be regulated by the then existing rules and Government Orders and any amendment of the rules or the Government Order pending the selection should not affect the validity of the selection made by the Selecting Authority or the Public Service Commission unless the amended Rules or the amended Government Orders issued in exercise of its statutory power either by express provision or by necessary intendment indicate that amended Rules shall be applicable to the pending selections. See P. Mahendran v. State of Karnataka (emphasis supplied) It is, thus, clear that a person who applies for appointment to a post in response to an advertisement does not acquire any right much less a vested right to get selected. If he is eligible and is otherwise qualified in accordance with the recruitment rules governing the post and the terms and conditions contained in the advertisement, he gets a right of being considered for selection in accordance with the rules as they existed on the date of advertisement. This limited right cannot be taken away by any authority amending the terms and conditions in the advertisement or by amending the recruitment Rules unless the amendment is made with retrospective effect. The authority which issued the advertisement or which framed the recruitment rules has a right to amend the terms and conditions of appointment to the post and also to amend the recruitment rules but no such amendment shall affect the selection process which had already commenced prior to the amendment unless the amendment is made retrospectively. In other words, if an amendment is brought about in the recruitment rules with retrospective effect, then the selection to the post shall be governed by the amended rules and no candidate can be heard to say that he has a right to be considered for appointment in terms of the Rules as they stood at the time of the commencement of the selection process. In the case before us, the Special Rules were promulgated in February, 2001 when the selection process had not been completed and it is common case of the parties that these Rules were made operative retrospectively with effect from 1st July, 1983 superseding all the Government Orders governing the field including the G.O. It, therefore, follows that the selection to the posts of Industries Extension Officers had to be made in accordance with the Special Rules and that the commission was in error in selecting the candidates and preparing the rank lists in terms of the G.O.

Here, it may also be noted that the Division Bench took into account G.O(Ms) 233/85/G AT dated 27-6-1985, in which the Government had clarified that the changes in qualifications, method of appointment, age or other conditions of recruitment introduced after the issue of a notification for selection to the post by the PSC will be given effect to in future selections only.

5. From a reading of these decisions, we do not perceive any conflict between these two decisions. According to us, these two decisions operate in two different fields. In Kunju Kunju 's case, the issue related to the effect of retrospective amendment of the Special Rules on the pending selection process and it was because the amendment was retrospective that in Kunju Kunju's case, the Division Bench held that the selection to the post of Industries Extension Officers had to be made in accordance with the amended Special Rules and the Commission could not have selected candidates and prepared the rank list in terms of the earlier Government Order in force prior to the issue of the Special Rules with retrospective effect. In Stalin's case, the Division Bench specifically found that the introduction of the Special Rules was not with retrospective effect and therefore the same cannot affect the selection process initiated and completed in accordance with the recruitment rules in force prior to the introduction of the Special Rules. That being so, there is absolutely no conflict between these two decisions. In fact, the law laid down by both these decisions was the same, namely, that in the absence of any indication regarding retrospectivity to the operation of the Special Rules, the appointments pursuant to selection made in accordance with the Rules in force prior to the introduction of the Special Rules cannot be affected by the Special Rules.

10. In P. Mahendran and Ors. v. State of Karnataka and Ors. , after referring to Caltons case (supra), and some other cases, the Supreme Court, in paragraphs 4 and 5, held as follows:

4. There is no dispute that under the Recruitment Rules as well as under the advertisement dated October 6, 1983 issued by the Public Service Commission, holders of Diploma in Mechanical Engineering were eligible for appointment to the post of Motor Vehicle Inspectors along with holders of Diploma in Automobile Engineering. On receipt of the applications from the candidates the Commission commenced the process of selection as it scrutinised the applications and issued letters for interview to the respective candidates. In fact the Commission commenced the interviews on August 1984 and it had almost completed the process of selection but the selection could not be completed on account of interim orders issued by the High Court at the instance of candidates seeking reservation for local candidates. The Commission completed the interviews of all the candidates and it finalised the list of selected candidates by June 2,1987 and the result was published in the State Gazette on July 23,1987. In addition to that the selected candidates were intimated by the Commission by separate letters. In view of these facts the sole question for consideration is as to whether the amendment made in the Rules on May 14,1987 rendered the selection illegal. Admittedly the amending Rules do not contain any provision enforcing the amended Rules with retrospective effect. In the absence of any express provision contained in the amending Rules it must be held to be prospective in nature. The Rules which are prospective in nature cannot take away or impair the right of candidates holding Diploma in Mechanical Engineering as on the date of making appointment as well as on the date of scrutiny by the Commission they were qualified for selection and appointment. In fact the entire selection in the normal course would have been finalised much before the amendment of Rules, but for the interim orders of the High Court. If there had been no interim orders, the selected candidates would have been appointed much before the amendment of Rules. Since the process of selection had commenced and it could not be completed on account of the interim orders of the High Court, the appellants' right to selection and appointment could not be defeated by subsequent amendment of Rules.