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HIMA KOHLI, AHSANUDDIN AMANULLAH
Anil Kishore Pandit – Appellant
Versus
State Of Bihar – Respondent
ORDER :
1. Leave granted.
2. The appellant is aggrieved by an order dated 24th January, 2017, passed by the Division Bench of the High Court of Judicature at Patna whereunder, an intra-Court Appeal1[LPA No. 1892 of 2015] filed by the respondent no.8 herein against an order dated 07th March, 2013, passed by the learned Single Judge in a writ petition2[CWJC No. 15685 of 2012 filed by the appellant herein was allowed and as a result thereof, the order passed by the respondent no.1-State Government in compliance of the order passed by the learned Single Judge to appoint the appellant, if his date of birth was found to be within the permissible range as on 01st January, 2011, was set aside.
3. A reference to the brief facts of the case is considered necessary. Vide memo dated 13th October, 2011, the District Employment Officer, West Champaran, Bettiah published an advertisement inviting applications from suitable candidates for appointment to the post of Amins on contractual basis. The cut off date of the age as per the District level vacancy was fixed as 40 years as on 01st January, 2011, for the Economic Backward Class3[For short the ‘EBC’] category, both males and females. The appellant
Appointment – Right of a candidate for being considered in terms of advertisement stands crystallized on the date of publication of advertisement – Any subsequent amendment to advertisement during co....
The date for age determination in recruitment processes is fixed at the advertisement date and not variable based on the appointment date, ensuring fairness and consistency.
Eligibility for appointment must be maintained until the last date of the advertisement; cancellation of selection process due to material error is justified.
Public orders must be clear and cannot be supplemented by later explanations; failure to clarify age limits led to an unjust outcome for the petitioner.
A candidate's eligibility cannot be negated by a subsequent amendment to the cut-off date if they were eligible under the original notification, as per the provisions of Rule 10 of the Rajasthan Anim....
Point of Law : If a selection process is not initiated and kept in abeyance for reason that a conscious decision is in contemplation for changing eligibility conditions of rules, in such event, altho....
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
Eligibility for recruitment can be determined by the date of re-application under revised advertisements, overriding previous cut-off dates.
Eligibility criteria for recruitment must be strictly adhered to, and any changes post-selection cannot retroactively affect concluded processes.
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