Adherence to the terms and conditions mentioned in the advertisement, limitations on the Selection Committee's power to deviate from the advertised requirements, and the potential violation of Article 14 of the Constitution if the eligibility criteria were changed after the initiation of the recruitment process.

JUDGMENT :

1. Heard Mr. S. Banik, learned counsel for the appellant. Also heard Mr. N. Das, learned Government Advocate, Assam. None appears for the private respondents in spite of service of notice.

2. In this appeal, the appellant has challenged the order of the learned Single Judge dated 10.09.2021 passed in WP(C) No.5238/2019 in which the appellant had questioned the selection process in respect of Project Assistant for the district of Hailakandi on the ground that the same was done in violation of the advertisement dated 07.03.2019, which clearly mentions that the candidature will be eligible in his/her own district only and no applicant will be entitled for the post outside his own district, and also contrary to the guidelines issued by the Ministry of Women and Child Development, which provides that mandatorily local candidates should be engaged. The authorities, however, proceeded to appoint the respondent No.6 who does not belong to Hailakandi district but belongs to Cachar district, which, according to the appellant, is illegal being contrary to the terms of the advertisement and guidelines issued by the Government of India.

According to the learned counsel for the appellant, the learned Single Judge, unfortunately, did not appreciate the aforesaid factual position and proceeded to dismiss the writ petition primarily on the ground that two advertisements were issued on 07.03.2019 and 10.06.2019 in respect of the same post and though there is a provision for insisting on local candidates of the district in the first advertisement dated 07.03.2019, the same was not mentioned in the subsequent advertisement dated 10.06.2019 and the guidelines issued by the State Project Director, POSHAN on 31.05.2019 empowers the District Level Selection Committee to take any decision regarding selection of candidates without prejudice to transparency, equal opportunity to all candidates and standard of quality. The said instruction enables the Selection Committee to make departure from the advertisements provided the selection process was transparent and equal opportunity was given to all the candidates. It was held by the learned Single Judge that since the Selection Committee had maintained transparency and equal opportunity to all the candidates, non-insisting on local candidates for the purpose of appointment to the post of Project Assistant in Hailakandi district cannot be faulted.

3. Learned counsel for the appellant in challenging the aforesaid finding submits that the subsequent advertisement dated 10.06.2019 was not a different advertisement. It was in continuation with the earlier advertisement dated 07.03.2019 in respect of the same recruitment process and, as such, the Selection Committee by taking advantage of the Government notification dated 31.05.2019 could not have deviated from the terms and conditions of the initial advertisement issued on 07.03.2019 and provide appointment to a person who does not belong to Hailakandi district in violation of the advertisement and guidelines issued by the Central Government.

4. Learned State counsel, on the other hand, submits that the appellant has not challenged the subsequent advertisement dated 10.06.2019. Further, the appellant had duly taken part in the selection process and did not object to the participation of respondent No.6. The appellant challenged the appointment of respondent No.6 only when the appellant was unsuccessful and, as such, he is estopped from challenging the selection of respondent No.6.

5. Having heard learned counsel for the parties as well as on perusal of the record, we are of the view that law is very clear that whenever appointment is sought to be made by issuing necessary advertisement, normally, the selection process should adhere to the terms and conditions mentioned in the advertisement, unless there is any specific provision in the advertisement, which empowers the Selection Committee to deviate from the terms and conditions. Thus, ordinarily the terms