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BIBEK CHAUDHURI
Safeer Alam, Son of Late Musheer Alam – Appellant
Versus
State of Bihar Through the Principal Secretary, Animal Husbandry Department, Govt. of Bihar, New Secretariat, Patna – Respondent
JUDGMENT :
1. The Petitioner has approached this Court under Constitutional Writ Jurisdiction for issuance of writ in the nature of Mandamus or any other writ / writs, order or direction, commanding the Respondent University to make selection / appointment to the post of Director, Extension Education in Bihar Animal Sciences University (BASU), Patna, after publishing the final result of the selection test held in pursuance of Advertisement No. 6/2019, dated 26th of September, 2019 and also to quash the impugned decision of the Respondent – University in selecting the Private Respondent on the post of Director, Extension Education (BASU), Patna on the basis of enlargement of eligibility criteria in Advertisement No. 6/2019, dated 26th of September, 2019, by discarding previous two advertisements bearing Advertisement No. 2 / 2018, dated 6th of January, 2018 and 5 / 2019, dated 18th of July, 2019.
2. It is the case of the Petitioner that the Respondent authority in BASU published an Advertisement No. 2 / 2018 in January, 2018 for selection and appointment of Director, Extension Education in the said university. Subsequently, Advertisement No. 2/2018 was replaced by Advertisement No. 5/
The selection process for public office cannot be challenged unless there is clear evidence of arbitrariness or bias, and revisions to eligibility criteria are permissible within the discretion of th....
The selection process for public appointments must adhere to advertised criteria, and candidates cannot challenge it unless there is clear evidence of bias or arbitrariness.
Selection criteria for recruitment must remain consistent with the advertisement and cannot be altered mid-process, as established in Tej Prakash Pathak v. Rajasthan High Court.
The withdrawal of a selection process can be justified if it is not mala fide, arbitrary, or for ulterior considerations, and does not fall foul of constitutional provisions.
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
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