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As per case facts, two minority institutions initiated the selection of Teachers and forwarded proposals for approval to the DIOS. Before approval, the government amended Regulation 17, prescribing a new
...selection procedure. The DIOS returned the proposals for compliance, which the institutions challenged via writ petitions. The High Court held that selection concluded when names were forwarded, creating a vested right, and that old rules apply to vacancies arising before amendment. The State of U.P. appealed, with Respondents arguing for 'deemed appointment' if DIOS approval was delayed. The question arose whether the selection process concluded and vested rights were acquired before the Regulations were amended, whether 'deemed appointment' is contemplated if DIOS approval is delayed, and whether posts should be filled by rules existing when vacancies arose or by amended Regulations. Finally, the Supreme Court allowed the State's appeals, holding that the selection process is complete only after mandatory DIOS approval, thus no vested right is acquired. It clarified that 'deemed appointment' has no place in the statutory regime. The Court also stated that the principle of applying old rules to past vacancies is not applicable here, affirming that appointments are governed by rules in force at the time of consideration, not when the vacancy arose.
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