Modifying eligibility criteria during a recruitment process to create an artificial classification based on the timing of individual evaluations is discriminatory. Revised recruitment criteria must be applied uniformly to all candidates involved in the same selection process to satisfy constitutional equality requirements.

JUDGMENT

1. Rule returnable forthwith. Ms.Nidhi Vyas, learned AGP waives service of rule for the respondent-State and Mr.Premal Joshi, learned advocate waives service of rule for respondent No. 2. Though served, none appears for respondents No. 3 to 6, but their presence is not required as Mr.Shah, learned advocate for the petitioners, does not press the present petition qua them.

1.1 With the consent of the learned advocates for the respective parties, the petition is taken up for hearing.

2. This petition is filed under Article 226 of the Constitution of India, seeking the following reliefs:

(A) Your Lordships be pleased to declare the action of removing the requirement of minimum qualifying marks and applying the same to a pending recruitment process where personal interview was yet to be held as discriminatory, bad in law and unreasonable and not tenable in law;

(B) Your Lordships be pleased to issue a writ of mandamus or any other appropriate writ, order or direction directing respondent authorities no 1 and 2 to extend the benefit of the amended provision of important instruction to the recruitment for which the petitioners had appeared and thereby declare revised select list in accordance with the amended recruitment rules;

(C) Your Lordships be pleased to issue a writ of mandamus commanding respondent authorities no. 1 and 2 to grant benefit of amended important instruction as stipulated vide notification dated 31.03.2018 and thereby recommend to State Government to issue appointment order to petitioner no. 1 to the post of Assistant Director (Biology) and petitioner no. 2 to the post of Assistant Director (Physics);

Or in the alternatively;

(D) Your Lordships be pleased to issue a writ of certiorari to quash and set aside the result declared on 05.05.2018 by which respondents no. 3 to 6 came to be recommended for appointment to the post of Assistant Director (Chemistry) by applying the amended important instruction as notified vide notification issued on 31.03.2018;

(E) Your Lordships be pleased to issue a writ of certiorari to quash and set aside the result declared on 08.01.2018 by which petitioner no 2 was not selected for appointment to the post of Assistant Director (Physics) as well as the result declared on 12.02.2018 by which petitioner no. 1 was not selected for appointment to the post of Assistant Director (Biology) as the same had been declared on the basis of old instructions;

(F) Pending admission and final hearing of the present matter. Your Lordships be pleased to direct respondent no. 2 to extend the benefit of amended important instruction to the recruitment for which the petitioners had appeared and thereby declare revised select list in accordance with the amended recruitment rules;

(G) Pending admission and final hearing of the present matter, Your Lordships be pleased to direct respondent no. 2 to issue a letter of recommendation to the State Government to issue appointment order to petitioner no. 1 to the post of Assistant Director (Biology) and also to issue appointment order to petitioner no. 2 to the post of Assistant Director (Physics);

(H) Pending admission and final hearing of the present matter, Your Lordships be pleased to stay the operation, implementation and execution of the amended provision of important instruction as notified vide notification dated 31.03.2018 in so far as the present recruitment process is concerned;

(I)