The power to frame rules to regulate the conditions of service under Article 309 of the Constitution carries with it the power to amend or alter the rules with retrospective effect, but such amendment cannot affect or impair vested rights.

1. - By this writ petition, the petitioners seek to quash a part of the Ordinance 299-V-3-d incorporated vide Notification No. 8 by which the condition of passing B.Sc. Ist year has been incorporated for the year 1993-94 and 1994-95. It has been prayed that a direction may be issued to the respondents to consider the petitioners and like others for admission in B.Sc. Nursing Part III Course for the academic session 1993-94 or 1994-95 irrespective of their not being possessed of B.Sc. 1st Year.

2. Briefly stated the facts of the case as alleged by the petitioners are that they possess qualification as has been shown in Schedule A and they were given admission in G.N.M. Nursing Course. After successfully completing the same they are working as G.N.M. It is alleged that in the B.Sc. Nursing Part-III, 26 seats are reserved for inservice candidates and according to the earlier Ordinance 299-V-3-d, in the eligibility conditions, one of the condition for admission in B.Sc. Nursing Part III Course was only Higher Secondary upto 1984-85, it was not necessary for a candidate to possess qualification of First Year Science Examination of Three Year Degree Course but vide Notification No.8 dated 23.11.1993, the same been incorporated in the requisite qualifications which has resulted in depriving admission to the inservice candidates like the petitioners in the B.Sc. Nursing Part-III Course. Hence, this writ petition.

3. This writ petition has been filed on 27.7.94. Notice to show cause was issued on 1.8.1994. In pursuance of the notice, Mr. Anil Kumar Singh has put in appearance on behalf of the non-petitioners and filed reply. As agreed by the learned counsel for the parties, the matter is heard finally.

4. Mr. Saluja, learned counsel for the petitioners has contended that the amended Ordinance 299-V-3-d is illegal and arbitrary as it is made effective retrospectively depriving the petitioners and like others of their vested right of consideration for admission of B.Sc. Nursing Part III in academic session 1993-94. He has also contended that there is no rationality in prescribing B.Sc. 1st Year T.D.C. qualification for admission to B.Sc. Nursing Part III and the same is, therefore, violative of Article 14 of the Constitution of India. He has relied upon Deepak Sibal v.Punjab University, AIR 1989 S.C. 903 , Atal Kumar Jain v.University of Rajasthan, 1988 (1) R.L.R. 811 , T.R. Kapur v.State of Haryana, AIR 1987 SC-415 and also on the decision of their lordhips of the Supreme Court rendered in K. Jagadeesan v.Union of India, AIR 1990 SC-1072 .

5. Mr. Singh, learned counsel for the non-petitioners has submitted that the two courses are separate one and not related to the petitioners' right of promotion. He has submitted that the petitioners cannot claim any vested right to be considered for admission as the impugned notification has come into operation w.e.f. 28.11.93. He has also urged that the amended provision has not been made retrospective in operation as the vacancies have been advertised on 27.6.1994. Mr. Singh has contended that the cases cited by the learned counsel for the petitioners are not applicable.

6. We have heard learned counsel for the parties and perused the material on record as well as the case law cited at the Bar.

7. In T.R. Kapur v.State of Haryana , their lordships have observed that it is well settled that the power to frame rules to regulate the conditions of service under the proviso to Article 309 of the Constitution carries with it the power to amend or alter the rules with a retrospective effect. It is equally well settled that any rule which affects the right of a person to be considered for promotion is a condition of service although mere chances of promotion may not be. It may further be stated that an authority competent to lay down qualifications or promotion, is also competent to change the qualifications. The rules defining qualifications and suitability for promotion are conditions of servic