Changing the selection criteria midstream is impermissible, and maintaining transparency and consistency in the selection process is crucial.

Ajay Kumar Tripathi, J.

There are four set of writ applications with many a petitioners in the same, who have all chosen to file the writ application, because they have failed to find employment under what is known as "Bihar Vikas Mission" ("Mission" for brevity).

2. An advertisement was issued on 23rd of February, 2016, a copy of which has been annexed as Annexure-2 in C.W.J.C. No.12822 of 2016, which is the lead case. The requirement, the eligibility and the yardstick, which was required to be followed for the said selection would emerge from the entirety of Annexure-2, which runes into 22 pages.

3. The common refrain or submission across the board in the writ applications is that the respondent-authorities have themselves not followed the yardstick, which they had initially laid down in the advertisement. They have also failed in the objective of such recruitment, because many a posts have remained vacant, even though they were especially reserved for a particular category of candidates. It is also urged that subsequently by raising the bar for such selection in terms of Annexure-3, dated 25.07.2016, the whole process of selection, if not the actual selection, stands vitiated.

4. To put it simply, after Annexure-2 was issued and after the exercise was gone through, including the interview, authorities of the Mission held a meeting and decided certain parameters, which was to form the basis for final selection. The parameters in question is paragraph 4 of Annexure-3, which is reproduced herein below :

"4. After the completion of interview, as per the need and required proficiency of the organization like BVM and to maintained the quality of the professions/technical experts, a cut-off marks for interview and total cutoff marks were decided by the selection committee. In interview, the cut-off marks for General category is 60 marks, for BC & MBC category is 55 and for SC & ST category is 50. Over all cut-off for General category is 80, for BC & MBC category is 70 and for SC & ST category was decided to be 60. As per the above process following lists are being uploaded :-

I. Marking of all accepted candidates. Annexure – 1

II. List of candidates (two times of vacancy) called for interview. Annexure – II

III. Marks of candidates called for interview (with change of marks at the time of verification of documents) with interview marks. Annexure – III

IV. List of candidates finally selected as per the decision of selection committee. Annexure – IV

V. List as per para 2. Annexure – V"

5. The thrust of the argument is directed against paragraph 4 of Annexure-3 that this has been done as an afterthought. What has been decided in Annexure-3 was not part and parcel of the advertisement, contained in Annexure-2. The Courts have held and opined that the rule of the game must be known before the game begins and any tinkering thereafter is not permissible. Another limb of argument that even the vacancies, which were especially reserved for the women category candidates or other category of reservation have not been filled up, because of the irrational or arbitrary decision taken in Annexure – 3. This has defeated the right of these petitioners from consideration. The objectivity in the interview has not been maintained. Candidates, who have had even better marks in the academic and other parameters, have finally lost out, because of award of less marks.

6. Learned senior counsel, Mr. Lalit Kishore submits that the recruitment and appointment under the "Bihar Vikas Mission" is not a routine kind of hiring, which is being done by the State. The Mission is a registered society and it is a special purpose vehicle, which has been created to bring about rapid development in the State of Bihar by identifying seven missions, also described as "Nischay" or "Resolve", which are going to be the primary thrust areas. Only such persons who are highly talented and motivated, are supposed to be selected for providing inputs and monitoring the ongoing proje