11. It is a fact that the Government issued exemption to the APSRTC in recruitment for the post of Shramiks, Mechanics and Chargeman vide letter dt.06.02.2003. But, it has to be seen under what circumstances exemption was issued and whether such exemption apply to future recruitments. It is crystal clear from the circular No.PD-37/2003, dated 26.05.2003 that for three successive recruitments though posts were reserved for women, no women candidate applied for those posts, consequently the APSRTC could not fill up those posts and in the above circumstances, it appears that the APSRTC sought exemption for the purpose of filling those backlog posts reserved for women which were carried forward. Thus the Government exempted APSRTC in certain special circumstances as indicated above to fill up backlog posts with women candidates. Such exemption cannot be used for subsequent recruitments. There is no whisper in the said letter that the APSRTC has been permanently exempted for recruiting women candidates for the posts o f Shramiks in subsequent recruitments. Taking shelter under such exemption issued by the Government appears to be incorrect. Since the letter of the Government dated 06.02.2003, and the circular dated 26.05.2003, pertain to the posts that were carried forward as backlog posts after three successive recruitments, the same cannot be applied to the present notification. More over, it is clear that the above said circular dated 26.05.2003 is opposed to Article 16 of Constitution of India and to the relevant Regulations of the Corporation.
