I.A. Ansari, J.

1. Whether conditions of recruitment can be relaxed? If so, when and to what extent? Whether appointment of a person to a post without following any selection process whatsoever can be sustained if his appointment is challenged on the ground that though no selection process was followed, while making the appointment, the appointee was, otherwise, eligible to receive such appointment ? Whether the Constitutional scheme of public employment can sustain in making of appointment of a person, who may be eligible for a post, but has not come to be appointed by adhering to any selection process whatsoever? Whether an appointee, whose appointment has been made in conformity with the scheme of a given recruitment rules, can be treated as senior, in service, to an appointee, who had the requisite qualification, but whose appointment was without following any selection process?

These are some of the questions, which have arisen for consideration, in this appeal, which has been preferred against the judgment and order, dated 29.04.2005, passed, in WP (C) No. 746 (AP)/2001, whereby a learned Single Judge of this Court has allowed the writ petition of the Respondent No. 1 h