Deepak Agrawal & Anr vs State Of U.P. & Ors on 31 March, 2011
“9.The law is thus clear that a candidate
has the right to be considered in the light of the
existing rules, namely, “rules in force on the date” the
consideration takes place and that there is no rule of
absolute application that vacancies must invariably be
filled by the law 4 (2017) 3 SCC 646 existing on the
28/35
http://www.judis.nic.in
W.P.Nos.16219 & 28407 of 2018
and
Cont.P.Nos.525 & 574 of 2019
date when they arose. As against the case of total
exclusion and absolute deprivation of a chance to be
considered as in the case of Deepak Agarwal (supra), in
the instant case certain additional posts have been
included in the feeder cadre, thereby expanding the
zone of consideration. It is not as if the writ petitioners
or similarly situated candidates were totally excluded.
At best, they now had to compete with some more
candidates. In any case, since there was no accrued
right nor was there any mandate that vacancies must
be filled invariably by the law existing on the date when
the vacancy arose, the State was well within its rights
to stipulate that the vacancies be filled in accordance
with the Rules as amended. Secondly, the process to
amend the Rules had also begun well before the
Notification dated 24.11.2011.”