JUDGMENT :

Debangsu Basak, J.

1. Public Service Commission is aggrieved by an order dated December 14, 2020 passed by the West Bengal Administrative Tribunal in OA no. 940 of 2019. By the impugned order, the learned tribunal, directed the Public Service Commission, West Bengal and its Secretary to recommend the name of the private respondent for the post of Krishi Prayukti Shayak to the Secretary Department of Agriculture, Government of West Bengal within eight weeks from the date of the presentation of the order. The State of West Bengal was directed to appoint the private respondent within eight weeks.

2. Learned advocate appearing for the writ petitioners submits that, the issue as to whether, rules of the game can be changed midstream is pending consideration of the Larger Bench. The Larger Bench is yet to pronounce on such issue finally. She submits that, such issue was referred to by the Hon’ble Supreme Court in (2013) 4 SCC 540 [Tej Prakash Pathak & Ors. Vs. Rajasthan High Court & Ors.].

3. Relying on 1995 SCC(3) 486 [Madan Lal & Ors. Vs. The State of Jammu & Kashmir & Ors.], (2018) 12 SCC 635 [Karnati Ravi vs. Commissioner, Survey Settlements & Land Records & Ors.] and (2020