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Four writ petitions have been taken up for hearing together. The petitioners have assailed a panel prepared by the members of the Selection Committee for the purpose of recruitment to the post of primary teachers on the basis of the advertisement of 2009 under the Purba Medinipur District Primary School Council.
For the sake of convenience the fact scenario of W.P. No. 29665 (W) of 2013 has been taken into consideration. It has been contended on behalf of the petitioners that, the rules of the selection process were changed midstream subsequent to the advertisement inviting participation in the selection process. The authorities had published an advertisement on August 30, 2009 inviting applications for the post of primary teacher of Purba Medinipur District Primary School Council.

The authorities by a Notification dated April 23, 2010 which is subsequent to the commencement of the selection process has changed the rules of the selection. Apparently the panel has been prepared on the basis of the April 23, 2010 notification. The authorities should have applied the rules as notified by the Notification dated July 27, 2009. Having not done so, the panel is bad. In support of the contention that, rules of the selection process cannot be changed midstream, reliance has been placed upon 2013 Volume 4 Supreme Court Cases page 540 (Tej Prakash Pathak & Ors. v. Rajasthan High Court & Ors.) and 2008 Volume 3 Supreme Court Cases page 512 (K. Manjusree v. State of Andhra Pradesh & Anr.).

The advertisement for the selection process is dated August 30, 2009. By a notification dated April 23, 2010 the authorities have specified that out of the aptitude test/interview 12 marks would be awarded for the marks obtained in the Madhyamik examination and the Viva Voce would be for 5 marks. The written test of the selection process was held on June 17, 2012. The interview had commenced on and from September 4, 2012. Subsequently a panel was prepared. It is the stand of the authorities that the candidates participating in the selection process were awarded marks in terms of the notifications dated July 24, 2009 and April 23, 2010. The panel was sent for approval to the State Government. The State Government had approved of the same.

Gopal Sha (supra) recognizes the power of the State to make Rules under Section 106 of the West Bengal Primary Education Act, 1973.

Subsequent to the commencement of the selection process the authorities have introduced the notification dated April 23, 2010. The notification is as follows:-

"In exercise of power vested with the State Government under Section 107 of the West Bengal Primary Education Act, 1973, and in continuation of this Department Notification No.383-SE(P)/10M-06/2009, dated 24.07.2009 the following guidelines are issued to lay down the distribution of marks that are required to be followed while awarding the specified 17 marks to candidates during aptitude test/interview in the selection process for appointment of Primary School Teachers:-