Indian Kanoon - Search engine for Indian Law

[2023:RJ-JP:18904-DB] (2 of 6) [SAW-580/2023]

2. The preliminary ground of challenge raised by the learned counsel for the appellants pertains to the settled legal dictum which precludes the State from changing the rules of the game, after the game has already been played. In order to elucidate upon the said contention, learned counsel submitted that the respondent-State issued an Advertisement (No.02/2022) dated 01.02.2022 for the post of Senior and Basic Computer Instructor. However, pursuant to the exam having already been conducted, and sans including any stipulation qua the minimum qualification and/or percentage qua the said exam in the advertisement, the respondent-State inserted a novel condition specifically laying down the minimum qualification of securing 40% marks for recruitment on the said post. Therefore, being aggrieved of the said inclusion of the minimum qualification at a belated stage, learned counsel argued that the level playing field in the examination cannot be changed after the exam has already been conducted. Furthermore, it was contended that as per the settled position of the law, any change in the norms regulating the procedure of selection at a belated stage is illegal and unsustainable in the eyes of the law. A strict selection criteria has to be adopted, which must be declared to the candidates at the time of commencement of the recruitment process, of which the rules cannot be changed at a subsequent stage. Therefore, in light of the submissions made above, learned counsel prayed for quashing and setting aside of the order impugned dated 18.04.2023.

3. Heard the learned counsel for the appellants and perused the record of the instant appeal.

[2023:RJ-JP:18904-DB] (3 of 6) [SAW-580/2023]

4. Preceding to the discussion on merits, this Court deems it fit to lay down the basic factual matrix of the case at hand. It is noted that the appellants participated in the recruitment process for the post of Senior and Basic Computer Instructor pursuant to the issuance of the Advertisement (No. 02/2022) dated 01.02.2022 issued by the Rajasthan Staff Selection Board. In furtherance of the said advertisement, a written examination was conducted by the respondent-Board, comprising of two multiple choice/objective type question papers. The said examination was conducted on 18.06.2022. The preliminary answer key for the said papers was published on 04.07.2022, whereas the final answer key was issued by the respondent-Board on 31.08.2022.