Pradeep Nandrajog, J.

1. What is the ratio of the decision dated August 20, 1990 passed by the Central Administrative Tribunal deciding 62 Original Applications, lead matter being the Original Application filed by one Alok Kumar, which was upheld by the Supreme Court in the decision reported as 1992 (Supp.) 1 SCC 594 Mohan Kumar Singhania Vs. UOI falls for consideration in the instant group of writ petitions. A preliminary issue pertaining to limitation: whether the Original Application(s), being 7 in number, filed by the private respondents registered as OA Nos.412/2005, 2889/2005, 2890/2005, 2891/2005, 2892/2005, 2893/2005 and 1525/2006 were barred by limitation also arises for consideration.

2. Appointment to All India Group ‘A’ and Group ‘B’ services such as IFS, IAS, IPS etc. is through a process of selection conducted by the Union Public Services Commission (for short ‘UPSC’). What is popularly known as the Civil Services Examination (for short ‘CSE’) is held each year by UPSC, and as per the scheme a preliminary examination, serving as a Screening Test is held, followed by the main examination and an interview.

3. The time cycle of the CSE is such that commencing from the notice inviting applications till declaration of final result it takes over a year. Applications are invited for the ensuing exam in the months around October or November of the previous year. The preliminary examination is held in the month of June, with the main examination held in November, followed by interviews; and the results are announced by the middle of June of the next year. Allocation to various services is made with reference to the merit position in the select list taking into account the preference of the candidate(s).

4. The present case relates to a seniority dispute between the persons who appeared and emerged successful at the Civil Services Examination-1987 and as per their merit position cum preference were allotted the Indian Police Service.

5. It is trite that the journey pertaining to a dispute relating to seniority must commence with noting the relevant service rules having a bearing on the subject of seniority and thus we commence our journey by noting the applicable Rules, as they were when Alok Kumar and others fought a battle and as they were amended from time to time; and as they stand today.

6. Rule 4 of the Civil Services Examination Rules, 1986 (as originally enacted) read as under:-

“Every candidate appearing at the examination, who is otherwise eligible, shall be permitted three attempts at the examination, irrespective of the number of attempts he has already availed of at the IAS etc examination held in the previous year. The restriction shall be effective from the Civil Services Examination held in 1979. Any attempt made at the Civil Services (Preliminary) Examination held in 1979 and onwards will count as attempts for this purpose:

Provided that this restriction on the number of attempts will not apply in the case of Scheduled Castes and Scheduled Tribes candidates who are otherwise eligible.

Note: (1) An attempt at a preliminary examination shall be deemed to be an attempt at the examination.

(2) If a candidate actually appears in any one paper in the preliminary examination he shall be deemed to have made an attempt at the examination.

(3) Notwithstanding the disqualification/cancellation of candidature the fact of appearance of the candidate at the examination will count as an attempt.”

7. Rule 2(e) of the IPS (Probation) Rules, 1954 (as originally enacted) read as under:-

“ ‘Probationer’ “ means a person appointed to the Service on probation.”

8. The relevant portion of Rules 3, 3A, 5 and 7 of the IPS (Probation) Rules, 1954 read as under:-

“3. Period of Probation: -

(1) Every person recruited for the service in accordance with the Indian Police Service (Appointment by Competitive Examination) Regulations, 1955 shall be appointed to the service on probation for a period of two years.

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3A Confirma