service matter – Change of advertisement conditions after 5 years – Game had already started; the respondents changed the rules of game in midway; but that was not permissible in law – Department of School Education Government Policy – Advertisement invited for selection to the posts in question on contract basis initially for a period of three years, with a rider that in case the work & conduct of the applicant(s) is found to be satisfactory, then he or she may be considered for regular appointment – Despite this factual position, the respondents did not finalize the selection for 05 (five) years – Thus, it seems that respondents were not taking the selection process seriously; rather they forgot the same – Ultimately, after consuming half a decade, respondents abruptly issued the impugned public notice dated 30.06.2016, thereby imposing a condition of passing written test for becoming eligible to the post(s) in question without any valid justification – While issuing the impugned public notice inserted altogether a new condition of passing the written test with minimum 50% marks (relaxable of 5% for reserved category), which was never intended at the time of issuing the advertisement – As a result thereof, this Court is of the opinion that neither under the regula regulans; nor as per the dicta laid down in K.Manjusree v. State of Andhra Pradesh (2008) 3 SCC 512not empowered to change the selection criteria.
(2022-2)206 PLR 135 (SN) , 2022 PLRonline 0095
