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14. In the case of P. Mahendra v. State of Karnataka a Three Judge Bench of the Supreme Court had an occasion to deal with Karnataka General Service (Motor Vehicle Branch) (Recruitment) Rules, 1962. Earlier the qualification for the post was Diploma in Automobile Engineering or Mechanical Engineering as a minimum qualification for appointment of a Motor Vehicle Inspector. But meanwhile rules were amended and the diploma holders were made non-eligible but the selection process has been completed and the selected candidates were already recommended for appointment and their appointments would have got fructufied but for the fact that the High Court of Karnataka in the writ petition intervened and issued stay order against such appointment. The apex Court observed that the amended rules did not contain any provision enforcing the amended rules with retrospective effect and since the appointments could not be given in view of the interim order of the High Court but as the rules were amended prospectively therefore the selected candidates shall be governed by the un-amended rules and therefore the appointments were directed to be cleared,

20. In the case of Narayan Baidya v. DIS (SE) South 24 Parganas reported in (2000) 1 CLT 487(HC) the Division Bench of this Court held that the selection process was not completed by the date the Act came into force because by the order dated 29.9.1997 the learned single Judge of this Court directed holding of fresh interview. Therefore, their Lordships observed that the very fact that the Interview was directed to be held clearly goes to show that the selection process was not complete as admittedly no panel has been prepared, thus the question of approval by the DIS did not arise. In this case a panel was forwarded to the DIS for its approval but the DIS directed that the said post should be filled up on the recommendation of the School Service Commission as the Act of 1997 had meanwhile come into force. This was challenged before the learned single Judge and the learned single Judge dismissed the writ petition and a appeal it was affirmed by the Division Bench. Therefore, in this case also same view was taken that if the selection process is not complete and if the rules have been amended then in that case the selection shall be governed by the Act of 1997 and not in terms of the earlier rules.