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by the Bihar State Electricity Board, Tirhut Electric Supply Area, Muzaffarpur, inviting application from the eligible candidates for appointment to the post of Junior Lineman and Unskilled Labourer on contract basis. The qualification prescribed for Junior Lineman was ITI and that of the Unskilled Labourer was 8th pass. Pursuant to this, the petitioners- Respondents applied for the post of Unskilled Labourer and submitted his documents through post on 26.03.2007. In the meantime, the Bihar State Electricity Board was reorganised and unbundled into five companies pursuant to Bihar State Electricity Reforms Transfer Scheme, 2012 in accordance with the new Electricity Act, 2003. The company had taken decision to change the educational qualification for appointment of Unskilled Khalasi/ 4th grade employee from Class 8th pass to Class 10th pass from any Board recognized by the State Government. Due to long pendency of selection process for the post of unskilled-labourers i.e Category-2, the Petitioners- Respondents approached this Hon'ble Court in C.W.J.C No. 3700 of 2014 seeking direction in the nature of mandamus Patna High Court L.P.A No.1264 of 2018 dt.14-11-2022 commanding the respondent authorities of the Bihar Power Holding Company to complete the selection process initiated vide Advertisment No. 01/2007 dated 13.03.2007 in so far as it relates to unskilled labourers. The Learned Single Judge vide order dated 02.05.2014 disposed off the writ application with a direction to the Respondents-Appellants to take a final decision as regards selection process pursuant to said advertisement No. 01/2007 dated 13.03.2007 within a period of 6 months. The order dated 02.05.2014 was not complied with and consequently, the Petitioners-Respondents filed a contempt petition vide MJC No. 649 of 2015 for willful disobedience of order dated 02.05.2014. The Petitioners-Respondents were permitted to withdraw the contempt petition vide order dated 08.07.2015 with a liberty to challenge the decision of Bihar State Power Holding Company Ltd, contained in its letter dated 16.04.2015 and subsequent communication contained in Letter dated 05.05.2015, in an appropriate proceeding and the two letters were subject matter of CWJC No. 6229/2016 in which the Petitioners-Respondents sought directions upon the Respondents-Appellants to complete the selection process for the appointment of the Petitioners-Respondents and others against the advertised, sanctioned and vacant posts of Unskilled Patna High Court L.P.A No.1264 of 2018 dt.14-11-2022 Labourer, i.e. Category No. 2, pursuant to an Advertisement No. 01 of 2007, published by the Bihar State Electrcity Board, Tirhut Electric Supply Area, Muzaffarpur.

4. The matter was heard and vide order dated 06.08.2018, the learned single judge held that the Bihar Power Holding Company has acted arbitrarily without jurisdiction and have altered the educational qualifications of the Unskilled Khalasi to have passed Class 10th Examination/ Matriculation in place of Class 8th as provided in the Advertismnent No. 01/2007 dated 13.03.2007, the company has changed the rules of the game after the process of selection has started. The learned Single Patna High Court L.P.A No.1264 of 2018 dt.14-11-2022 Judge directed the Respondents- Appellants to abide by earlier order of this Court passed in CWJC No.3700/2014 dated 02.05.2014 and to complete the process initiated vide Advertisment No. 01/2007 dated 13.03.2007 as per stipulation present therein, within three months from the date of the order. An Interlocutory Application bearing I.A. No. 4420 of 2018 was filed by the Petitioners-Respondents seeking leave of the Court to question the decision of Bihar Power Holding Company Ltd. cancelling the selection process contained in letter dated 16.04.2015 of the Officer on Special Duty and the subsequent letter dated 05.05.2015 of the same authority addressed to General Manager and a direction to Respondents- Appellants to complete the selection process, and the same was allowed vide order dated 10.07.2018.

7. Learned counsel further submitted that the Respondents-Appellants had taken a final decision not to proceed with the selection process pursuant to Advertisement No. 01 of 2007. Therefore the direction of learned Single Judge to complete the selection process within a period of six months in view of observations and the mandamus issued by the co- ordinate Bench in the previous round of proceeding arising from CWJC No. 3700 of 2014 directing the Respondents-Appellants to complete the selection process which order was never appealed against by the Respondents-Appellants and to abide by the earlier direction of this Court to complete the process initiated and any attempt by the Respondents-Appellants who have stepped into the shoes of Bihar State Electricity Board to Patna High Court L.P.A No.1264 of 2018 dt.14-11-2022 interfere with the selection process would not only be held an attempt to reach the mandamus in the previous round of proceeding but a contempt of the present order dated 06.08.2018 is not sustainable in the eye of law.

10. Learned counsel further submitted that even after reconstitution of Electricity Board into Bihar State Power Holding Company, they have no jurisdiction to alter the criteria nor to cancel the selection process. The order of this Court was to complete the selection process and the said order has attained finality as the company did not prefer to challenge it. He also submitted that it is well settled principle of law that once the selection process had started, any change in any condition with respect to qualification and eligibility by the employer will amount to changing the rules of the game. In this context, the changes made for the post of unskilled Khalasi as originally stipulated in the Advertisement No. 01/2007, by modifying the Patna High Court L.P.A No.1264 of 2018 dt.14-11-2022 required educational qualification from 8th pass to 10th pass, as decided by the Bihar Power Holding Company in the midst of the selection procedure in an arbitrary manner, tantamount to changing the rules of the game midway, which is impermissible. The order of the learned Single Judge is in accordance with law and thus requires no interference.