ORDER : S.C. Sharma, J. The petitioners before this Court, who are Engineering Graduates, have filed this present writ petition being aggrieved by the Advertisement dated 3/6/2015 issued by the M.P. Road Development Corporation Ltd., (Annexure P/4) by which the applications have been invited for the post of Manager (Technical) in the pay scale of Rs. 15,600 - 39100. Petitioners' grievance is that as per the Advertisement a candidate is required to possess B.E./B. Tech (Civil) as well he is required to be registered under the GATE i.e., Graduate Aptitude Test in Engineering. Qualification further requires that a candidate should have appeared and passed in the GATE Examination. Grievance of the petitioners is that they have obtained B.E. (Civil) Degree in the year 2013, they are qualified for the post in question as per the recruitment Rules and by introducing such a qualification, the petitioners as well as all other candidates who have passed B.E., prior to 2015 are being excluded to participate in the process of selection. Petitioners have further stated that the statutory provisions governing the field relating to recruitment under the M.P. Road Development Corporation are known as M.P. Road Development Corporation Ltd., Recruitment & Service Conditions Rules, 2006. The recruitment Rules provide for direct recruitment as well as for appointment on deputation to various posts. Schedule I appended to the recruitment Rules deals with various posts and their pay scale and post of Manager finds place at S.No.9 of the aforesaid Schedule. Schedule III deals with direct recruitment and qualification for various posts. At Item No.4 the minimum age provided for the post of Manager is 21 years and maximum age is 30 years and the qualification prescribed is B.E. (Civil). The contention of the petitioners is that by including some additional qualifications, petitioners candidature cannot be excluded from the process of selection, as has been done in the present case and, therefore, the impugned advertisement deserves to be quashed by this Court. 2. Another important aspect of this case is that this Court, while hearing the petitioners on admission on 17/07/2015, has granted interim order and this Court has directed the respondents to permit the petitioners to participate in the process of selection. 2. Another important aspect of this case is that this Court, while hearing the petitioners on admission on 17/07/2015, has granted interim order and this Court has directed the respondents to permit the petitioners to participate in the process of selection. It was also observed that their selection, if any, shall be subject to final outcome of the present Writ Petition and the candidature of the petitioners shall certainly be provisional and also the interim order passed by this Court will not create any equity in favour of the petitioners and the result of the petitioners will not be declared without leave of this Court. 3. While the matter was being argued, at the outset, learned counsel for the petitioner has informed this Court that the respondents are going to declare the Select List by tomorrow and they have excluded the petitioners from the process of selection while preparing a list, only because they are not possessing GATE 2015 qualification. 4. Learned Senior counsel for the respondent, Mr. A. M. Mathur, in open Court has stated before this Court that because the petitioners do not possess GATE 2015, the question of their selection does not arise, however, because of the interim order passed by this Court, they have been permitted to submit their forms only. 5. A reply has been filed in the matter and the respondents have stated that there is no relationship of employer and employee between the Corporation and the petitioners. It has also been stated that the MP Road Development Corporation is doing various projects in the country and a request was made to the M. P. Public Service Commission to fill up various posts, however, the M. P. Public Service Commission has refused to fill up the posts for the M.P. Road Development Corporation. It has been further stated that the qualification of GATE 2015 has been introduced because best talents are available if demand is made for GATE 2015. It has also been stated that GATE 2015 is not a qualification, but adopting GATE 2015, for the purposes of screening can certainly be done. It has been vehemently argued that the eligibility and screening are two different criteria and, therefore, merely because the requirement of GATE 2015 has been introduced, the same cannot be termed as illegal or arbitrary. It has also been stated that GATE 2015 is not a qualification, but adopting GATE 2015, for the purposes of screening can certainly be done. It has been vehemently argued that the eligibility and screening are two different criteria and, therefore, merely because the requirement of GATE 2015 has been introduced, the same cannot be termed as illegal or arbitrary. It has also been argued that certain public sector undertakings like National Highway Authority of India, Indian Oil Corporation, Bharat Petroleum Corporation Ltd., NHPC, Coal India, ONGC, BHEL, NTPC etc., has imposed the condition of GATE and the respondents are also selecting candidates based upon their score obtained in GATE examination. It has also been stated that the process of recruitment is being done in a most transparent manner and no case for interference is made out in the matter. 6. Learned senior counsel for the respondents has placed heavy reliance upon the judgment delivered by apex Court in the case of State of Gujarat and others v. Arvind Kumar T. Tiwari and another reported in (2012) 9 SCC 545 . Heavy reliance has been placed upon paragraph 12 of the aforesaid judgment. Paragraph 12 reads as under : 9. Fixing eligibility for a particular post or even for admission to a course falls within the exclusive domain of the legislature/executive and cannot be the subject matter of judicial review, unless found to be arbitrary, unreasonable or has been fixed without keeping in mind the nature of service, for which appointments are to be made, or has no rational nexus with the objects sought to be achieved by the statute. Such eligibility can be changed even for the purpose of promotion, unilaterally and the person seeking such promotion cannot raise the grievance that he should be governed only by the rules existing, when he joined service. In the matter of appointments, the authority concerned has unfettered powers so far as the procedural aspects are concerned, but it must meet the requirement of eligibility etc. The court should therefore, refrain from interfering, unless the appointments so made, or the rejection of a candidature is found to have been done at the cost of 'fair play', 'good conscious' and 'equity'. (Vide: State of J & K v. Shiv Ram Sharma & Ors., AIR 1999 SC 2012 ; and Praveen Singh v. State of Punjab & Ors., (2000) 8 SCC 436). 7. (Vide: State of J & K v. Shiv Ram Sharma & Ors., AIR 1999 SC 2012 ; and Praveen Singh v. State of Punjab & Ors., (2000) 8 SCC 436). 7. The contention of the learned senior counsel for the petitioner is that in the light of the aforesaid judgment, the question of interference by this Court is quite limited and no case for interference is made out in the matter. He has prayed for dismissal of the Writ Petition. 8. Heard learned counsel for the parties at length and perused the record. The matter is being disposed of at the admission stage itself with the consent of the parties. 9. In the present case, the recruitment in question is for the post of Manager (Technical). Petitioners have qualified B. E. Examination in the year 2013. Recruitment Rules governing the field provides for appointment by direct recruitment as well as by deputation to the post of Manager (Technical). The only qualification prescribed under the recruitment Rules is B. E. (Civil). The advertisement issued by the respondents for the post of Manager (Technical) is reproduced as under : Øekad 3177@LFkk0@377@,e0ih0vkj0Mh0lh0@15 Hkksiky] fnukad 3-6-2015 xsV&2015 ds ek/;e ls izca/kd ¼rduhdh½ dh vko';drk mi;qDr vfH;kfFkZ;ksa ls izca/kd ¼rduhdh½ ds in ij fu;fer :i dk;Z djus gsrq vkosnu i= vkeaf=r fd;s tkrs gSaA osru] ;ksX;rk ,oa vgZrk vkfn laca/kh fooj.k fuEukuqlkj gS%& inuke ,oa is&Ldsy inksa dh la[;k ;ksX;rk vgZrk gsrq vadksa dk izfr'kr izca/kd ¼rduhdh½ ¼is Ldsy : 15600-39100$5400½ vukjf{kr &08 v0fi0o0 &02 vuq0t0tk0 &03 vuq0tk0 &02 gs.Mhdsi ¼vuq0tk0½ &01 dqy &16 ,0vkbZ0lh0Vh0bZ0 vuqeksfnr laLFkk ls ch0bZ0@ch0Vsd ¼flfoy½ dh mikf/k vukjf{kr ,oa vU; fiNM+k oxZ gsrq U;qure 60 izfr'krA v0tk0@v0t0tk0 oxZ gsrq U;wure 50 izfr'kr - xsV& 2015 ijh{kk gsrq flfoy bathfufjax ladk; esa iathd`rA vgZrk izkIr ,e0ih0 vkWuykbZu ds ek/;e ls vkosnu izkIr djus izkIr djus dh vafre frfFk 20-07-2015 gSA bPNqd vH;kFkhZ osclkbV www.mprdc.nic.in/www.mponline.gov.in ls foLr`r fooj.k izkIr dj ldrs gSaA eq[; egkizca/kd ¼iz'kk0½ 10. The aforesaid advertisement includes GATE 2015 as eligibility criteria. The word 'Yogyata' has been written in Hindi. 'Yogyata' certainly means eligibility criteria/qualification required for the post, meaning thereby, the qualification of GATE 2015 which is not under the recruitment Rules, has been introduced in the advertisement. The aforesaid advertisement includes GATE 2015 as eligibility criteria. The word 'Yogyata' has been written in Hindi. 'Yogyata' certainly means eligibility criteria/qualification required for the post, meaning thereby, the qualification of GATE 2015 which is not under the recruitment Rules, has been introduced in the advertisement. Graduate Aptitude Test in Engineering is an examination which is conducted for the purposes of admission to post graduate courses in prestigious institutions including IITs and other Engineering Colleges and it is an examination conducted under the supervision of Ministry of HRD, Government of India. The basic object of the aforesaid examination is to prepare a list for the purposes of admission to post graduate courses. Every year such examination is held. By introducing a qualification that a candidate who has appeared and qualified GATE 2015 means all other persons who have obtained B.E.(Civil) prior to 2015 and those who have appeared in GATE 2015 examination prior to 2015 are being excluded from the process of participation. Not only this, in the State of Madhya Pradesh the population is dominated by Tribal people, people belonging to Scheduled Caste and people belonging to other backward classes. A child who comes from these classes and a child who comes from economically and socially backward background does not even think of obtaining a post graduate qualification. The entire family and the child wants the job the moment he completes his B.E. Degree and merely because he has not appeared in GATE 2015, he cannot be excluded from participation in the process of selection to a public post or a post under public sector undertaking. The imposition of condition is not only discriminatory and arbitrary but also it is certainly violative of the constitutional rights guaranteed to the petitioners under the Constitution of India. The respondents have no right or authority to issue an advertisement contrary to the conditions laid down under the recruitment Rules and the same has been done in the present case. 11. The respondents have no right or authority to issue an advertisement contrary to the conditions laid down under the recruitment Rules and the same has been done in the present case. 11. Learned counsel for the petitioner has drawn attention of this Court towards the advertisement issued by the Oil and Natural Gas Corporation Ltd., (ONGC) annexed along with the return by the respondents at page No.33 and his contention is that the ONGC has informed the candidates well in advance that they shall be conducting the process of recruitment by taking into account the GATE Score and students were informed well in advance to appear in GATE Examination even online registration about GATE examination were informed by the Corporation. This document has been filed by the respondents themselves. 12. Thus, it is evident that a public sector undertaking like ONGC when it was recruiting persons on the basis of GATE score, in the beginning of the academic year itself, has informed all students to participate in the GATE examination in case they were interested in applying for the post under the ONGC, whereas, no such exercise was undertaken by the respondents. 13. This Court is of the considered opinion that exclusion of all eligible candidates who are otherwise qualified and who are possessing B. E. (Civil)/B. Tech., and who have not appeared in the GATE 2015 examination is certainly arbitrary and discriminatory and smaks of malafide. Only few selected individuals who have appeared in GATE 2015 have been permitted to participate in the process of selection and, therefore, this Court is of the considered opinion that the advertisement issued by the respondents deserves to be set aside. 14. The judgment relied upon by the learned senior counsel for the respondent delivered in the case of State of Gujarat and others v. Arvind Kumar T. Tiwari and another (supra), relates to grant of compassionate appointment and in those circumstances the apex Court has dealt with the issue of eligibility criteria. The present case is certainly not all a case of compassionate appointment. It is a case of recruitment from open market and in the peculiar facts and circumstances of the case, this Court is of the considered opinion that all those persons who possess requisite qualifications as per the recruitment Rules are certainly entitled to participate in the process of selection. It is a case of recruitment from open market and in the peculiar facts and circumstances of the case, this Court is of the considered opinion that all those persons who possess requisite qualifications as per the recruitment Rules are certainly entitled to participate in the process of selection. The impugned advertisement and all consequential process deserves to be quashed and is accordingly hereby quashed. The respondents are given a liberty to issue a fresh advertisement strictly keeping in view the recruitment Rules. 15. The other important aspect of the matter is that in spite of interim order passed by this Court, the petitioners were not considered in the process of selection and as informed by the learned senior counsel appearing for the respondents that the petitioners were permitted to submit only their application form. This Court is of the considered opinion that once an interim order was passed, it was obligatory on the part of the respondents to prepare merit list including the petitioners also and as the respondents have not obeyed the order passed by this Court, this Court is taking suo-motu cognizance of the matter and issuing Contempt Notices to the Managing Director, M.P. Road Development Corporation, The Chief General Manager, M.P. Road Development Corporation and Mr. Manoj Kumar Gupta, Asstt. General Manager of M.P. Road Development Corporation, Division No.2, Indore who has filed Affidavit. Office to issue notices in the matter by registering separate Contempt Petition. 16. Notices be made returnable within six weeks. 17. With the aforesaid, the present Writ Petition stands allowed with a cost of Rs. 10,000/- to be paid by the respondents.