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38. Ms. Pami Rath, learned Senior Counsel has broadly adopted the submissions advanced by Mr. Ashok Kumar Parija, learned Advocate General and Mr. Budhadev Routray, learned Senior Counsel.

39. Mr. Sameer Kumar Das, learned counsel has appeared on behalf of the private respondents/ writ petitioners. Responding to the submission on the point of non-impleadment of the persons who were shown to have been selected in the draft result sheet based on CBT, he has submitted that such candidates were neither necessary nor proper parties since no right had accrued to them with the publication of the result. He submits that the learned Single Judge in the impugned judgment has rightly rejected such contention raised on behalf of the State. He has submitted that unambiguous language used in paragraph 8.3 of the Resolution dated 22.08.2023 does not leave any scope for taking a different view than that has been taken by the learned Single Judge in the impugned judgment. The submissions advanced on behalf of the appellants are manifestly contrary to the mandatory procedure as laid down in paragraph 8 of the Resolution which shall amount to changing the process of selection as laid down, during the process of selection. Such course has been held to be impermissible in the cases of K. Manjushree (supra), V. Mahendra Singh (supra), Bedanga Talukdar (supra) and Pavnesh Kumar (supra). He has argued that the learned Single Judge, basing on the language used in paragraphs 8.2 and 8.3 of the Resolution has rightly interfered with the draft result sheet and has issued necessary directions to be complied with, to complete the process of selection, strictly in accordance with the procedure prescribed.

53. In K. Manjushree (supra), the Supreme Court did not approve the introduction of minimum marks for interview after the entire selection process (consists of written examination and interview) was completed on the principle that that would amounts to changing the rule of the game after the game was played, which was impermissible. In the case of Bedanga Talukdar (supra), the Supreme Court held in paragraphs 29-32 as under:

31. In our opinion, the High Court was in error in concluding that Respondent 3 had not treated the condition with regard to the submission of the certificate along with the application or before appearing in the preliminary examination, as mandatory. The aforesaid finding, in our opinion, is contrary to the record. In its resolution dated 21-5- 2010, the Commission has recorded the following conclusions:

"Though Shri S. Khan had mentioned in his letter dated 10-12-2009 that he was resubmitting the identity card with regard to locomotor disability he, in fact, had submitted the documentary proof of his locomotor disability for the first time to the office of the APSC through his above letter dated 10-12-2009. However, after receiving the identity card the matter was placed before the full Commission to decide whether the Commission can act on an essential document not submitted earlier as per terms of advertisement but submitted after completion of entire process of selection.

63. After having concluded as above, we are of the considered opinion that the entire selection process undertaken by the appellants for recruitment to the post of Junior Teacher (Schematic) should not be declared illegal as that will hinder completion of the process of selection and seriously affect the teaching/education at the school level because of dearth of teachers.

64. We deem it expedient in the interest of justice, in the given facts and circumstances of the case, to resolve the absurd situation arising out of the stipulation in paragraph 8.3 of the resolution dated 22.08.2023, in a manner that is just, equitable, fulfills the mandate of Articles 14 and 16 of the Constitution of India and at the same time furthers the objective of Article 21A of the Constitution read with the provisions under the RTE Act. For the said purpose, we consider it just and proper to issue the following directions for the selection process in question: -