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VIPUL M. PANCHOLI, RAMESH CHAND MALVIYA
Rajneesh Ranjan, Son of Kamal Nayan Gopal – Appellant
Versus
State of Bihar, through the Additional Chief Secretary, General Administration Department – Respondent
JUDGMENT :
(Vipul M. Pancholi, J.) :
The present petition has been placed before us pursuant to the order dated 01.10.2021 passed by the learned Single Judge, whereby the learned Single Judge has referred the matter to the Hon’ble The Chief Justice for placing this matter before a larger Bench. Hon’ble The Chief Justice, therefore, directed the office to place this petition before the present Division Bench.
2. The petitioners have preferred the present petition under Article 226 of the Constitution of India in which they have prayed for the following relief/s:-
(ii) For issuance of writ in the nature of Certiorari for read down/struck down the Clause-4 of Advertisement No. 4/2020 to 09/2020 which relates to selection process on marks basis.
(iii) For any other relief/reliefs if petitioner found entitle in the facts and circumstances of the present case.”
3. The factual matri
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 ....
The principle that candidates do not acquire a vested right to appointment but have a legitimate expectation to be evaluated according to the rules in effect at the time of their application, and tha....
The main legal point established in the judgment is that the selection process for the post of Ayurvedic Medical Officer must be in accordance with the prescribed procedure, fair-play, and justice, a....
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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