JUDGMENT :

Heard learned counsel for the parties.

PRAYER

2. Petitioner has approached this Court with a prayer for quashing the Important Notice circulated by Letter No. 7203, Dated 24.12.2020 (Annexure-7), issued under the signature of Examination Controller, Jharkhand Staff Selection Commission, as far as it relates to petitioner at serial no. 25. Further prayer has been made for a direction to the respondents to appoint her to the post of Trained Graduate Teacher in the Government Secondary School pursuant to advertisement of Combined Trained Graduate Teacher Competitive Examination, 2016 in the Scheduled Caste Category.

FACTUAL MATRIX

3. According to the petitioner, at the time of her marriage on 30.04.1994, she was residing with her parents at Aurangabad and her husband was residing at Palamau in the unified State of Bihar. Petitioner did her Intermediate in the year 2002 from Jagdish Singh Memorial College, Mango, Jamshedpur. She also did her graduation and post graduation from Jamshedpur Cooperative College, Jamshedpur in the year 2005 and 2007 respectively in the subject History. Thereafter, she did her B.Ed. from Karim City College, Jamshedpur in the year 2009.

4. An advertisement for appointment to the post of Trained Graduate Teachers in the Government Secondary Schools of State of Jharkhand was published by the Jharkhand Staff Selection Commission. Clause 8 of the advertisement stipulates that the reservation would be extended to those candidates only who are the residents of the State of Jharkhand and the Caste Certificate must be issued after 02.06.2016. A Circular was issued by the Personnel, Administrative Reforms and Rajbhasha Department, Government of Jharkhand vide Letter No. 235, Anu. Dated 10.01.2019 directing interalia to all the concerned not to give reservation to those female candidates who have migrated to the State of Jharkhand on account of their marriage. Though the petitioner appeared in the written examination and was declared qualified and thereafter called for certificate verification, but in light of Letter No. 7203, dated 24.12.2020, her candidature in Scheduled Caste category was rejected on the ground of non-submission of valid caste certificate. Being aggrieved, petitioner has knocked door of this Court.

SUBMISSION ON BEHALF OF PETITIONER

5. Mr. Manoj Tandon assisted by Ms. Neha Bhardwaj, learned counsel appearing for the petitioner strenuously urges that the Circular issued vide Letter No. 235, Anu. Dated 10.01.2019 directing all the concerned not to give reservation to those who have migrated to the State of Jharkhand in view of marriage, has changed the rule midway the selection process, which is not permitted in the eyes of law. Learned counsel further urges that petitioner was married in the year 1994 i.e. before bifurcation of the State and did her entire higher education in the State of Jharkhand. At the time of marriage in the year 1994, the districts of Palamau and Aurangabad were in one and the same State i.e. United State of Bihar. Petitioner produced valid caste certificate and local resident certificate issued by the competent authority of Palamau district strictly in terms of the advertisement. The valid caste certificate and local resident certificate were issued by the competent authority in terms of advertisement but in view of impugned decision of the Government, the entire selection process has been changed in the mid-way, which is not permissible in the eyes of law. Any change midway the selection process, either by way of circular or notice not to give reservation to such candidates is nothing but rewriting the terms and conditions of the advertisement in question. It is well settled that rule of selection process cannot be changed midway. The advertisement was issued in the year 2016. Any instruction issued in the year 2018 or 2019 from Personnel, Administrative Reforms and Rajbhasha Department, would not be applicable to the advertisement, which was issued prior to t