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VIJAY KUMAR SHUKLA
Niranjan Sharma – Appellant
Versus
State of Madhya Pradesh – Respondent
ORDER
1. The present petition is filed challenging the order/notification dated 16.4.2024 issued by the respondent No.1/MPPSC and also the merit list dated 1.8.2024 for the post of Lecturer in "Rachna Sharir" in the department of Ayush/ respondent No.2 on the ground that by the said order/notification, the respondent No.1 has changed the criteria of selection for shortlisting the candidates, which was contrary to the main notification issued by the respondent No.1.
2. Facts in brevity is that the petitioner who is a qualified Doctor is Post Graduate in MD Ayurveda in Rachna Sharir. He has secured 78% marks in MD Examination. Respondent No.1 has issued an advertisement/notification dated 10.7.2023 for filling up of post of Lecturer in Rachana Sharir in the department of respondent No.2. It is pertinent to mention that in the notification dated 10.7.2023 the criteria for shortlisting of candidates for selection of Lecturer in “Rachana Sharir” was prescribed in clause 9 of schedule-I of advertisement dated 10.7.2023 according to which the candidates have to be shortlisted on the basis of marks obtained in the qualifying exam. The petitioner applied for the post of Lecturer in Rachana S
Retrospective fixation of minimum qualifying marks after exam result declaration changes rules of game impermissibly; candidates in initial combined merit list entitled to consideration without such ....
Changing selection criteria after the commencement of the recruitment process is impermissible, reaffirming established legal principles regarding estoppel for participants of the process.
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.
The main legal point established is that the selection process must adhere to the criteria specified in the notification, and any deviation without issuing a corrigendum is impermissible.
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.
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