JUDGMENT

S.B. Sinha, J.

Leave granted.

The principal question raised before us in this appeal is the validity/legality of the selection process involved in selecting Assistant Registrars, Class II gazetted post.

Appellant is holder of a Post Graduate degree. She had also done B.Ed. and was having 7 years' teaching experience. The 1st respondent-Public Service Commission issued an advertisement on or about 24.7.2003 for recruitment to the post of Assistant Registrar in the State University of Madhya Pradesh. The Commission was called upon by the State to fill up 17 posts, the essential qualifications wherefor are stated to be as under :

"C.Essential Qualifications : The postgraduate degree from the any recognized University in minimum of the IInd Class or its equivalent degree.

Requirement : The work experience on the post of Teaching/Administrative post."

It was stated that the essential qualifications stipulated in the advertisement were the minimum.

The State of Madhya Pradesh, in exercise of its power conferred upon it by sub-Section (2) of Section 15-A of the Madhya Pradesh Vishwavidyalaya Adhiniyam, 1973 made Rules known as Madhya Pradesh State University Service Rules, 1982 (for short, 'the 1982 Rules'), Rules 5 and 8(ii) which are relevant for our purpose read as under :

"5.Method of recruitment.- (1) Without prejudice to the provisions of rule 7, recruitment to the Service after the commencement of these rules, shall be by the following methods, namely:-

a)by direct recruitment,

b)by promotion of persons, holding a lower post which may or may not comprise the Service, to a higher post comprising the Service, and

c)by deputation from the State Government or any organization other than the Universities as the Kuladhipati may deem fit,

(2)The number of persons recruited by various methods under sub-rule (1) shall be in accordance with the

percentage shown in Schedule I.

(3)Notwithstanding anything to the contrary contained in sub-rules (1) and (2), if in the opinion of the Kuladhipati, the exigencies of Service so require, he may, in consultation with the Commission, adopt such methods of recruitment to the service, other than those prescribed in sub-rule (1) as he may, by an order issued

in this behalf, specify."

"8.Conditions of eligibility of direct recruits.- In order to be eligible for direct recruitment to the Service a

candidate must satisfy the following conditions, namely:-

(i)

(ii)A candidate who is a retrenched Government or University employee shall be allowed to deduct from his age the period of all temporary service previously rendered by him upto a maximum limit of 7 years even if it represents more than one spell provided that the resultant age does not exceed the upper age limit by more

than three years."

Rule 11 provides for mode of direct recruitment.

Rule 12 of the Rules is as under :

"12.List of candidates recommended by the Commission.- (1) The Commission shall forward to the Kuladhipati a list arranged in order of merit of the suitable candidates who have qualified by such standards as the Commission may determine and of the candidates belonging to the Scheduled Castes and Scheduled Tribes

who, though not quali by that standard, are declared by the Commission to be suitable for appointment to the Service with due regard to the maintenance of efficiency of administration. The list shall be published for general information.

(2)Subject to the provisions of these rules, candidates will be considered for appointment to the available vacancies in the order in which their names appear in the list.

(3)The inclusion of a candidate's name in the list shall confer no right to appointment unless the Kuladhipati is satisfied, after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the Service."

Pursuant to or in furtherance of the said advertisement, 6158 candidates filed applications. The Commission conducted a preliminary examination on 23.11.2003. 4767 candidat