ORDER :

1. Since an identical question of law is involved in both W.P. (S) Nos. 5204 of 2014 & W.P. (S) No. 7711 of 2018, therefore, they are heard analogously and are being disposed of by this common order.

2. For the sake of convenience, Writ Petition (s) No. 5204 of 2014 would be taken-up as lead case.

3. The petitioner has filed writ petition bearing Writ Petition (S) No. 5204 of 2014, has prayed for issuance of direction to the State to conduct fresh recruitment process as per terms & conditions prescribed in advertisement dated 26.02.2014 (Annexure P/1) issued by the Director Medical Education, Chhattisgarh mainly contending that as per clause 20 of the advertisement the written examination should be conducted and merit list on the basis of marks secured by the candidate in the written examination which will be of 90 marks and marks obtained in interview would be 10 marks will be prepared and if the candidate has secured 50 or more marks then only he will be called for interview, but all of a sudden the whole selection process has been changed and skill test has been conducted which is change of rules of game therefore, whole selection process is unsustainable and bad in law.

4. Learned counsel for the petitioner would further submit that though the petitioner has participated in the selection process but he was not aware about the result, therefore, he applied for the same under the Right to Information Act before the respondents to get the copy of the result, then only the petitioner came to know that he has secured zero marks. Since the entire selection process has been changed, which is against the law, therefore, the entire selection process needs to be quashed by this Court. In support of his submissions, he has placed reliance upon the judgment of the Supreme Court in the case of K. Manjusree v. State of Andhra Pradesh & another, (2008) 3 SCC 512 & Hemani Malhotra v. State of Delhi, (2008) 7 SCC 11 .

5. This Court while considering the submission made by the learned counsel appearing for the petitioner, vide its order dated 28.10.2014, has directed the State that one post of Assistant Grade-III be kept vacant till disposal of the writ petition and the said Interim relief granted by this Court still continued.

6. The State has filed their return denying the allegation made in the petition mainly contending that the written skill examination has been conducted as per sub-Clause 3 of Clause 20 of the advertisement, therefore, it is not amounting to change of rules of game. It is further submitted that respondents have conduced skill examination on 26.5.2014 and on the basis thereof a merit list of the candidates, who passed the examination was prepared and thereafter, the candidates from this merit list were called for the interview. It has been further contended that petitioner has secured zero mark out of 100 in the written skill examination because he could not type 1250 keys depression in 15 minutes which was requirement for clearing the skill test. It has been further contended that it is in incorrect on the part of the petitioner to say that no written examination has been taken place or the rules of game has been changed. It has been further submitted that for the purpose of interview 10 marks were allotted and after total marks obtained int the skill test and interview, final list of candidate was prepared. It has been further contended that as per the Chhattisgarh Medical Education Class-III Non-Gazetted (Ministerial and non-Ministerial) Service Rules, 2011, written skill examination of 5,000 depression per hour has to be conducted, but after considering the number of candidates they have curtailed the time period and has granted 15 minutes time to each candidates and directed to type 1250 depression in 15 minutes, which is in conformity with rules as looking to the number of candidates, the time period has been curtained and 15 minutes time has been granted to the candidates and accordingly, the depression of 500