JUDGMENT : A.S. Supehia, J. 1. The present petition is filed under Article 226 of the Constitution of India with multiple prayers. The petitioner has prayed for quashing and setting aside the communication/letter dated 21.04.2003 passed by respondent No. 1. Further it is prayed that the petitioner may be declared as satisfying eligibility criteria pertaining to Scheduled Caste for the appointment to the post of Assistant Administrative Officer advertised under advertisement dated 25.10.2002. Petitioner has also sought direction directing the respondent-Corporation to permit the petitioner to undergo the induction training, practical training and refresher course from the date as may be specified. Finally it is prayed that the respondents may be directed to issue formal letter of appointment to the petitioner appointing him on the post of Assistant Administrative Officer. 2. The facts culled out from the memo of the petition are that an advertisement dated 25.10.2002 was published in the newspaper by the respondent-Life Insurance Corporation of India inviting the applications for filling up the post of Assistant Administrative Officer (Chartered Accountant). Said advertisement notified 50 vacancies, out of which seven posts were reserved for Scheduled Caste category. The eligibility conditions, as provided in the advertisement were that the candidate should be of 30 years of age as on 01.10.2002, that he should be an Associate Member of the Institute of Chartered Accountants of India, etc. It was, inter alia, also stated that the candidates satisfying the eligibility conditions can send their application in the prescribed format and the selection will be made on the basis of the interview. The last date of receipt of the application was dated 25.11.2002. 3. Pursuant to the aforesaid advertisement, the petitioner applied in the Scheduled Caste category on 16.11.2002 as he belonged to Mochi Community recognized as Scheduled Caste in the State of Gujarat. By the communication dated 28.02.2003 the Executive Director (Personnel) of the respondent-Corporation, informed the petitioner to present himself for personal interview on 12.03.2003. On the date, and at the time and at the venue indicated, the petitioner appeared in the interview and also submitted the requisite certificate including the caste certificate that he belongs to Mochi community covered under the Scheduled Caste category. It is submitted the petitioner was also found fit in the interview and was selected for appointment. 4. On the date, and at the time and at the venue indicated, the petitioner appeared in the interview and also submitted the requisite certificate including the caste certificate that he belongs to Mochi community covered under the Scheduled Caste category. It is submitted the petitioner was also found fit in the interview and was selected for appointment. 4. The petitioner has stated that vide Letter dated 21.03.2003, he was intimated that with reference to his application and the subsequent interview, he was selected for appointment as Assistant Administrative Officer. On 29.03.2003 and 31.03.2003 the petitioner had gone for medical test as required and was found medically fit. Petitioner was thereafter communicated by letter dated 09.04.2003 received by him on 16.04.2003 by respondent No. 2 office that he was selected for the post in question and should join w.e.f. from 21.04.2003 for the induction training, practical training and refresher course programme. The respondent-Corporation issued the appointment letters to all the selectees prior to commencement of training and all the candidates who joined induction training were already issued appointment letters on the day of the beginning training. The selection of the petitioner as Assistant Administrative Officer has culminated in his joining duties as the induction trainee. 5. At the end of the day on 21.04.2003, around 4:30 p.m. he was given a letter by hand delivery stating that he was at the moment not to be appointed to the post as w.e.f. 18.12.2002 as Mochi community to which he belonged is excluded from the category of Scheduled Caste. 6. Learned Advocate Mr. V.B. Kundansingh appearing on behalf of the petitioners has vehemently submitted that on the date of advertisement or on 25.11.2002 being the last date for submission of application form, the petitioner was satisfying the eligibility criteria as Scheduled Caste candidate as the Mochi community to which he belonged was recognized to be the Scheduled Caste in the State of Gujarat. The decision of refusal on the part of the respondents to formally appoint him on the post of Assistant Administrative Officer reflected in communication dated 21.04.2003 is illegal and violative of his rights under Article 14 and 16 of the Constitution of India. 7. Learned Advocate for the petitioner has relied upon the judgment in the case of Gujarat State Civil Supply Corporation v. D.L. Patel, 1993 (2) G.L.R. 1676 . 7. Learned Advocate for the petitioner has relied upon the judgment in the case of Gujarat State Civil Supply Corporation v. D.L. Patel, 1993 (2) G.L.R. 1676 . Reliance is also placed in the case of Rekha Chaturvedi v. University of Rajasthan, 1993 S.C.C. (Supp)(3) 168. He has emphatically stated that the subsequent rules cannot affect the rules prescribed for the post and the subsequently amended Rules cannot be considered for determining appointment. He has stated that amended rules are in prospective in nature and the right of selectees under the old Rule cannot be affected. It can be appreciated that the process of recruitment which commenced from the advertisement dated 25.10.2002 considered the eligibility criteria as on the date of advertisement and the petitioner fulfilled the same. 8. In response to the petition, Affidavit-in-reply was filed on behalf of the respondent-Corporation wherein it is stated that on the basis of Medical report and Personal statement along with special reports the petitioner was found medically fit. Learned Advocate Mr. A.K. Clerk appearing on behalf of Respondent has stated that before issuance of letter calling the petitioner for Induction Training the petitioner was informed vide letter dated 03.04.2003 that his caste i.e. Hindu-Mochi has been de-scheduled by Government Resolution dated 18.02.2003 and it is also further clarified that in the last paragraph of the said GR that the certificate in respect of those who could not avail Concession/Relaxation or to whom concession/relaxation were not made available on the basis of the caste certificate obtained before 18.12.2002; their certificates gets canceled automatically. On the basis of the said GR, the respondent-Corporation has not issued any appointment letter to the petitioner, and he has been informed vide letter dated 21.04.2003 that the respondent-Corporation cannot offer him appointment to the post of Assistant Administrative Officer. 9. In the Affidavit-in-reply it is submitted that it is well settled that the selected candidate has no right to claim appointment as a matter of right. During the process of selection and before issuance of the appointment letter, the petitioner's caste was de-scheduled vide Notification dated 18.12.2002 issued by the Central government and the Government Resolution dated 18.02.2003 clearly specifies that if the caste certificate is obtained before 18.12.2002 but the concerned person has not availed of any benefits, the said certificates should be treated as canceled automatically. In view this Government Resolution dated, the petitioner was not given instructions to join training sessions at MDC nor any appointment letter was issued to him. Petitioner was accordingly did not attend the training session at MDC in the absence of appointment letter. 10. Further in the Affidavit-in-reply it is stated that it is very clear from Government Resolution dated 18.02.2003 that when no concession or relaxation has been given to the person even though the certificate is issued prior to 18.12.2002, the certificate is to be treated as canceled automatically. It is stated that the appointment in the respondent-Corporation is a process which starts from receiving applications, scrutiny of the same, shortlisting of candidates, depending upon qualification, experience, etc., calling the candidates for personal interview, medical examination for physical fitness and placement. Induction training is imparted before they are finally exposed to their duties/role/work. During the process, the training center is simultaneously informed about the names of candidates likely to be selected for induction training so that necessary infrastructure arrangement and training programme can be arranged. In view of this, the Course Coordinator had written a general Welcoming Letters to all candidates who were in the process of selection and likely to attend the Induction training including the petitioner. 11. In my opinion, the entire controversy in the present matter rests on Government Resolution dated 18.02.2003 wherein the caste Mochi is de-scheduled w.e.f. 18.12.2002. The Resolution specifically provides that any caste certificate issued after 18.12.2002 is treated to be cancelled and benefits accruing from that caste certificate should not be given. It further specifies that if the caste certificate is obtained before 18.12.2002 but the concerned person has not availed of any benefits, the said certificates should be treated as canceled automatically. Petitioner was specifically informed that it will be not be possible to offer him appointment in view of Government Resolution dated 18.12.2002 of the Government of India, which, inter alia, states that except the people of Mochi caste, who are domicile of Dang and Umargaon Taluka of Valsad district, other members of Mochi Community will not be given the certificates of SC Caste, and they will not be entitled for any benefits from 18.12.2002. A retrospective effect was given by the Resolution dt. A retrospective effect was given by the Resolution dt. 18.2.2003 in view of the Notification issued by the Central Government on 18.12.2002 whereby the entry 'Mochi' for the State of Gujarat except the Dang District and Umargaon Taluka of Valsad District has been deleted and was excluded from Schedule-I to the Constitution (Scheduled Castes) Order, 1950. Thus, on the date of personal interview of the petitioner, i.e. on 12.03.2003, the caste of the petitioner was already deleted/de-reserved. Any appointment, thereafter, on reserved category of Mochi Community would have been illegal as the post on which the petitioner was to be offered appointment stood automatically converted/de-reserved. Hence, the petitioner was rightly denied appointment in wake of deletion of his caste from Schedule-I to the Constitution (Scheduled Castes) Order, 1950. 12. It requires to be noted that the aforesaid Notification dated 18.12.2002 and Resolution dated 18.02.2003 were subject matter of challenge before the Supreme Court. In the judgment rendered in the case of Shree Surat Valsad Jilla KMG Parishad v. Union of India, 2007 (5) S.C.C. 360 the Supreme Court dismissed the appeals challenging the said Notification. 13. I may further observe with profit that the petitioner was yet to be issued appointment order, and till the appointment order was issued, the petitioner had no legal right to the post. The petitioner was at the stage when the process after his selection was being undertaken. The selection process starts from receiving applications, scrutiny of the same, shortlisting of candidates, depending upon qualification, experience, etc., calling the candidates for personal interview, medical examination for physical fitness and placement. Induction training was imparted before they are finally exposed to their duties/role/work. A bare perusal of letter dated 09.04.2003, written by the Corporation will suggest that the petitioner was "selected" and he had to undergo training. During the process, the training center is simultaneously informed about the names of candidates likely to be selected. Clearing of the entire selection process culminates into substantive appointment. The petitioner had not reached up to the stage of issuance of appointment order. He was merely selected and had yet to undergo rest of the selection process. Before completion of selection process, his caste was de-reserved. The petitioner, as a matter of right, cannot claim appointment only on the basis of his selection on a reserved category when his caste is de-scheduled. 14. He was merely selected and had yet to undergo rest of the selection process. Before completion of selection process, his caste was de-reserved. The petitioner, as a matter of right, cannot claim appointment only on the basis of his selection on a reserved category when his caste is de-scheduled. 14. So far on the aspect of reliance placed by the learned Advocate for the petitioner on the judgments of the Apex Court, there cannot be any shadow of doubt about the proposition of law canvassed by him that the subsequently amended Rules qua eligibility criteria cannot be considered for determining appointment. In my considered view the said judgments will not apply in the facts of the present case as all the judgments deal with the subsequent change in the rules relating to selection procedure prescribing an eligibility criteria. The present case does not involve any change in the subsequent rules. It is evident from the controversy that the same relates to the retrospective de-reservation of the caste category, to which the petitioner belonged. 15. Thus, in view of the foregoing observations, I find that respondents have not committed any illegality in denying appointment to the petitioner. The petition deserves to be dismissed and the same is hereby dismissed. RULE is discharged. Interim relief, if any, granted earlier stands vacated. No costs.