The main legal point established is that the amendment of recruitment rules and enlargement of eligibility criteria did not cause prejudice to the petitioners and did not change the mode or manner of making the selection. The court also invoked the principle of estoppel, barring the petitioners from challenging the selection process after participating in it.

JUDGMENT :

1. Since common questions of fact and law are involved in both the petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity, facts of WPSS No. 1211 of 2021 are being considered.

2. Uttarakhand Subordinate Service Selection Commission issued an advertisement on 13.10.2020 inviting applications for the post of Assistant Teacher L.T. Grade in various subjects and the last date of submission of online application was mentioned as 04.12.2020. The academic qualification required for different subjects was in terms of Uttarakhand Subordinate Education (Trained Graduate Category) Service Rules, 2014, as amended in 2019.

3. Petitioners applied in response to the said advertisement for the post of Assistant Teacher L.T. Grade (Art) for which academic qualification required at the relevant point of time was as follows:

“(1) Graduate degree in Drawing and Painting/Fine Art (painting)/Visual Art (painting) from any University established by law in India.

(2) Degree of B.Ed. from any Government or Government recognized training Institution /College.

Or

Degree of BA.Ed. of minimum four years in the subject of Arts from any institution recognized from National Council for Teachers Education.”

4. It transpires that pursuant to order passed by Division Bench of this Court in WPPIL No. 33 of 2021, last date for submission of application by candidates, was extended to 25.03.2021 by the Selecting Body, on instructions of Government and a press release was issued for information to all concerned. In the same press release, it was mentioned that since applicable Recruitment Rules for the post of Assistant Teacher L.T. Grade (Art) have been recently amended, therefore, such candidates, who are eligible in terms of amendment Rules, notified on 25.02.2021, may also apply. It was further clarified in the press release that requirement of having B.Ed. qualification has been done away with by the amendment, therefore, candidates, not having B.Ed. degree, may also apply.

5. A copy of notification dated 25.02.2021, whereby Rules were amended has been enclosed as Annexure No. 8 to the writ petition. English Translation of amended Rule 8(i)(v) of the relevant Recruitment Rules is given below:-

“8(i)(v) Graduate degree in Drawing and Painting/Drawing Design/ Technical Art/Painting (Fine Art), Painting (Visual Art) from any University established by law in India.

Note

The aforesaid subjects are compulsory in all the year/semester of Graduation course. Degree of BA.Ed. Of minimum four yours in the subject of Arts from any institution recognized by National Council for Teachers Education.”

6. Petitioners neither challenged the amendment to the Rules nor the press release dated 12.03.2021, whereby field of eligibility was enlarged to include candidates who did not possess B.Ed. qualification, before appearing in the written examination. Petitioners did participate in the written examination held on 08.08.2021, without any demur or protest and then turned around to challenge the selection process by filing this writ petition.

7. Mr. Lalit Samant, learned counsel appearing for the Selecting Body has informed that answer key to the objective type questions was also made public on 11.08.2021. Thus, according to him, petitioners became aware that they have bleak chance of success after assessing their performance with reference to the answers given in the answer key, consequently, they filed this writ petition.

8. This writ petition was filed on 18.09.2021 i.e. more than a month after publication of answer key. In WPSS No. 1211 of 2021 petitioners have sought the following reliefs:-

“(a) Issue a writ, order or direction in the nature of Certiorari to call for the record and to quash the impugned order contained in letter no. 1834 dated 12.03.2021 (Annexure No. -5) passed by the respondent no. 2 by which the respondent no. 2 illegally and in an arbitrary manner permitted the candidates without B.Ed. qu