Madhuresh Prasad, J. – Heard learned counsel for the petitioners, learned counsel for the State, learned counsel for the Bihar Public Service Commission ( for short ‘ the BPSC’) and learned senior counsel for the intervenor respondents.

2. The petitioners before this Court are applicants in response to four advertisement Nos. 01 of 2019, 02 of 2019, both dated 08-03-2019, and advertisement Nos. 03 of 2019 and 04 of 2019, both dated 13-09-2019, issued by the BPSC inviting applications for appointment to the post of Assistant Engineer (Civil, Mechanical and Electrical) in the different departments under the Government of Bihar. They participated in the selection process, which was conducted, as per Bihar Engineering Service Class-II Recruitment Rules, 2019 (Recruitment Rules, 2019 for short). It is the petitioners’ case that at the time of advertisement the Rule did not prescribe any relaxation of minimum age criteria; or for grant of any weightage/ preference for previous work experience as contractual employees. The written examinations were conducted by the BPSC on different dates for applicants under the four advertisements. Merit lists dated 15.06.2022, 22.06.2022, 19.07.2022, were published for all the four advertisements, wherein, the writ petitioners were declared successful. Thereafter, they were called for document verification by the respondent-Commission and the petitioners' document were verified.

3. One development thereafter has prompted the petitioners to file the instant writ proceedings. The development is issuance of a notification dated 09.11.2022, by the nodal department (Road Construction Department), whereby and whereunder an Amendment was made in Rule 8 and a new Clause; Rule 8 (5) granting weightage and preference to persons working on contractual basis, was added to the Recruitment Rules, 2019 with effect from the date of coming into force of the Rules; i.e., 06.03.2019. Rule 8 (5) of the Recruitment Rules, 2019, reads as follows: –

“8(5) Basis of Selection. – (i) The Selection for appointment to the posts of Assistant Engineers (Civil/Mechanical/Electrical) in the basic category of Assistant Engineer (Civil/Mechanical/Electrical) cadre shall be made by the Commission after calculating The marks obtained in the competitive examination conducted by the Commission and the preference of work done on the contract basis. The work experience of all government/non-private (central government, panchayat, municipal bodies etc.) offices/ institutions under the State of Bihar shall be valid for the preference of work done on contract basis. Candidates having experience of working on the post of Assistant Engineer (Civil/Mechanical/Electrical) on contract basis, who fulfill the essential qualifications for the recruitment in this cadre, shall be given preference in selection by giving additional marks according to sub-rule (ii) of this Rule.”

4. The preference was made applicable to the four recruitment processes where the petitioners had participated. Petitioners have thus assailed the notification dated 09.11.2022, bearing No. 5565 (S) whereby and whereunder, the Recruitment Rules, 2019 have been amended with effect from 06.03.2029, i.e., the date of coming into force of the Recruitment Rules, 2019.

5. The learned senior counsel for the petitioners, assailing the validity of the amendment to the Recruitment Rules, 2019 under impugned notification dated 09.11.2022, submits that the amendment with retrospective effect is unsustainable. The original Rule or the advertisements, in response to which, the petitioners have applied did not contain any provision for grant of any kind of weightage/preference to those working on contract basis. When the petitioners made their applications, there was no such clause giving any kind of weightage/ preference. They have already participated in the selection process and provisional select lists dated 15.06.2022, 22.06.2022 & 19.07.2022, Annexure 2 series has also been published, wher