JUDGMENT :

K. Vinod Chandran, CJ.

The above appeals arise from a common judgment in a batch of writ petitions which challenged the second advertisement issued for selection of Auxiliary NurseMidwife (ANM); by changing the procedure of selection as prescribed in the Bihar Lady Health Worker (ANM) Cadre Rules, 2018 (the Rules of 2018, for brevity). The first advertisement was issued based on the Rules of 2018 and before the selection was concluded, the impugned advertisement was issued in consonance with the new Rules promulgated under Article 309 of the Constitution of India; termed the Bihar Lady Health Worker (ANM) Cadre Rules, 2023 (for short ‘the Rules of 2023’).

2. The procedure of selection was the only change made in the second advertisement; abandoning the marks awarded to the basic qualification of ANM, stipulating in its place a competitive test. All the other parameters with respect to essential qualification, age, relaxation in age, cutoff date for acquisition of qualification as also the marks provided for higher qualification and experience remained the same. The learned Single Judge interfered with the second advertisement and selection procedure on the ground that there