ORDER :

1. The petitioners in the present petition have challenged the selection list dated 06.05.2022 by which the petitioners who were in the merit list have been placed in waiting list and the private respondents No. 3 and 4, who did not find place in the merit list, have been declared to be selected candidates.

2. The facts of the case in brief are that respondent No. 2 the Chief Medical and Health Officer, District Bastar Jagdalpur issued an advertisement for appointment to the Class IV posts of Ward Boy and Ward Aaya on 20.10.2021. Last date of submission of the application form was 15.11.2021 and date of examination was scheduled to 19.12.2021. As per the advertisement candidates should have qualification as on last date of submission of form. The petitioners as well the private respondents have applied for the posts. The verification of the credential of the candidates were ascertained as per the Schedule given in the Annexure P/3 dated 08.03.2022. For the post of Rural Health Coordinator (Female) the date given was 14.02.2022.

3. The lists of eligible and ineligible candidates after verification of the original certificates were prepared. The petitioner No. 1 Radhi Netam was placed at Serial No. 6 and the Petitioner No. 2 Tilotama Kashyap found place a serial No. 7 and she was eligible for consideration whereas respondents No. 3 and 4 found place at 11 and 13 respectively. It is worthwhile to mention that against the name of respondents No. 3 and 4 it has been specifically mentioned that experience certificate has been issued after submission of last date, therefore, rejected. The respondents No. 2 has called objection with regard to the list prepared by them on 17.04.2022 and the date was given for raising objection from 19.04.2022 to 23.04.2022. After considering the objections final merit list was prepared. The petitioner No. 1 was at serial No. 6 who secured 65 marks and petitioner No. 2 was at serial No. 7 and has secured 64 marks. The respondents No. 3 was at serial No. 8 and secured 61 marks and respondents No. 4 did not find place in merit list.

4. Thereafter, final selection list was declared in which respondent No. 3 Sushil Baghel was placed at serial No. 5 securing 70 Marks and respondent No. 4 Ratna Kashyap found place at serial No. 7 securing 69 marks and the petitioners who were earlier placed in merit list were placed in waiting list. This list has been challenged in this writ petition.

5. Learned counsel for the petitioners would submit that without rhyme and reason and without giving opportunity of hearing their position has been changed from selected candidates to wait listed candidates, therefore, the selection process suffers from nepotism and favoritism. Learned counsel for the petitioners would further submit that when the advertisement was issued no clause in the advertisement was mentioned providing that the persons who have deployed in government health institution for 6 months during Covid period, these temporary employees will be given 10 bonus marks for appointment in Class III and IV posts. Though the State has issued circular on 07.12.2021 as such after reaching of the selection process to final stage the allotment of bonus marks to respondents No. 3 and 4 with the aid of circular dated 07.12.2021 is nothing but amounting to change of rule of game which is illegal and against the well settled position of law. To substantiate his submission he would draw attention of this Court towards the Judgment of Hon'ble Supreme Court in case of K. Manjusree vs State of Andhra Pradesh and Another {(2008) 3 SCC 512} and Mohd. Sohrab Khan vs. Aligarh Muslim University and Others {(2009) 4 SCC 555}

6. Learned counsel for the State would submit that total 122 applications were received for the post of Rural Health Coordinator (Female). All the candidates were issued admit cards. The written examination was conducted by the Special Junior Employee Selection Board, Bastar Division. The result was declared on 31.0