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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Manoj Sharma – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Petitioner participated in a selection process wherein he was not awarded one mark kept in the evaluation criteria for ‘Bharat Scouts & Guides Certificate Holders’.Feeling aggrieved, he has preferred this writ petition.
2. Background
2(i). Respondent No.3-Himachal Pradesh Staff Selection Commission, Hamirpur, issued an advertisement on 18.06.2020, inter-alia, inviting applications for 454 posts of Shastri to be filled up on contract basis against Post Code No.813. The minimum essential qualifications, as per Recruitment & Promotion Rules for the post of Shastri, were also given in the advertisement. The mode of selection consisted of written test of 85 marks and 15 marks were kept for evaluation of shortlisted candidates. This petition concerns allocation of one (1) mark in the aforesaid evaluation criteria of 15 marks, in particular, with reference to following Sr. No.6 pertaining to the Bharat Scouts & Guides Certificate Holders:-
“Part-II (Evaluation of 15 Marks)
Evaluation of 15 marks in respect of shortlisted candidates after qualifying written objective screening test/subjective tests and skill tests/physical tests, if any, will be carried out as pe
Recruitment processes must adhere to established criteria without arbitrary changes during selection, ensuring transparency and non-discrimination.
Minimum qualifying marks must be obtained in each subject rather than an aggregate score; changes to recruitment criteria cannot be made after the process has commenced.
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
The court emphasized the principle of estoppel and upheld the change in policy regarding eligibility criteria and the prerogative of the selection committee to declare the cut off mark in the CBT for....
Point of Law : Court also has a corresponding duty to examine what is the nature of the change sought to be brought and simply, by the jargon "Rules of the game cannot be changed", this Court cannot ....
Eligibility criteria for recruitment cannot be altered after the process has commenced, ensuring fairness and adherence to constitutional principles.
Eligibility criteria for recruitment must be consistent and cannot be altered after the process has commenced, as affirmed by the Supreme Court.
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.(2) Ap....
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