A.S. SUPEHIA, J.

1. By way of present petition, the petitioners have prayed for quashing and setting aside the merit/selection list prepared by the respondent No. 3 herein dated 31.08.2010 as well as Government Resolution dated 18.05.2009 in so far as the same is not in consonance with the original advertisement dated 14.02.2009.

2. By way of amendment, the petitioners have also prayed to declare the entire selection process of Gujarat Police Sub Inspector (Unarmed) Class-III is illegal in view of violation of rule 11 of the Rules, and further be pleased to quash and set aside the consequential merit list prepared at Annexure "E" to the petition.

3. Ms. Shivangi Rana, learned advocate for the petitioners does not press the prayer so far as challenge to Government Resolution dated 18.05.2009 (in fact Notification dated 18.05.2009) laid down the Recruitment Rules i.e. the Gujarat Police Sub-Inspector (Unarmed), Class-III, Competitive Examination Rules, 2009.

4. The brief facts of present petition are as under:-

Pursuant to the advertisement dated 14.02.2009, the petitioner applied for the appointment to the post of Police Sub Inspector (Unarmed), Class-III. Thereafter, the aforesaid advertisement was amended by the advertisement dated 31.05.2009. The petitioner thereafter, appeared for the physical examination on 05.03.2010 and written examination in the Month of June, 2010.

It is the case of the petitioners that the physical examination was scheduled in February, 2010, however, the same was revised and taken in the month of March, 2010. Thereafter, they received their mark-sheets in the month of September, 2010. The petitioner was declared pass in the written examination which was held in the month of June, 2010.

5. Ms. Shivangi Rana, learned advocate for the petitioners has submitted that the petitioners' came to know that marks of physical examination was not given to the present petitioners in view of the subsequent dated 31.05.2009. She has stated that the respondent has changed criteria given in the original advertisement dated 14.02.2009 by awarding no marks in the physical examination. She has stated that in the original advertisement dated 14.02.2009, it is mentioned that there will be a preliminary physical examination, and thereafter, there will be main examination, which will consist of written, oral as well as physical examinations.

6. Ms. Shivangi Rana, learned advocate, has contended that subsequently by the notification dated 18.05.2009, the criteria of recruitment was changed and amended advertisement dated 31.05.2009 was issued by the respondent authorities, wherein the marks of physical examination was not considered. She has also stated that as per the Gujarat Police Sub Inspector (Unarmed) Class-III Competitive Exam Rules, 2009, the respondent authorities have fixed the minimum qualifying marks as prescribed under Rule 11 of the Rules and the same has resulted into serious prejudice to the petitioner. She has stated that if minimum qualifying marks were fixed, the merit list would have been entirely different, and candidates who would have secured less than the minimum qualifying marks, would not have been called for in the interview. She has contended that entire merit list is required to be quashed and set aside, as the respondent authorities have changed criteria of recruitment during the process of selection. In support of the contention, she has relied on the judgment of Hon'ble Apex Court in the case of K. Manjusree Vs. State of A.P. & Anr., reported in AIR 2008 SC 1470, wherein it is held that if the selection committee wants to prescribed minimum marks for interview, it should to do before the commencement of selection process. If the selection committee prescribed minimum marks only for the written examination, before commencement of selection process, it cannot either during the selection process or after the selection process, and an additional requirement that the candidates should also secure