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K. VINOD CHANDRAN, HARISH KUMAR
State of Bihar through the Additional Chief Secretary, Health Department – Appellant
Versus
Archana Kumari Wife of Shri Ram Naresh Singh – Respondent
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
The court established that amendments to recruitment rules can change the selection process, and the discretion of the recruiting agency in determining the method of selection is upheld unless found ....
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.(2) Ap....
Candidates do not have a vested right to insist on the completion of a recruitment process if it is cancelled based on valid reasons, including changes in qualifications and reservation policies.
Point of Law : Court also has a corresponding duty to examine what is the nature of the change sought to be brought and simply, by the jargon "Rules of the game cannot be changed", this Court cannot ....
Point of Law : Selecting body does not have its right to alter the procedure for selection than what is prescribed under the relevant Service Rules, 2014 and Recruitment Rules, 2017.
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