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40. In K. Manjusree, the selection to ten posts of District and Sessions Judge (Grade-II) in the Andhra Pradesh Higher Judicial Service in pursuance of the advertisement dated 28.05.2004, was the subject matter of the appeal. The selection was on the basis of written examination followed by an interview. There were no minimum cut-off marks prescribed for clearing the interview. After the selection process was completed and the select list was prepared by the interview committee which was approved by the Administrative Committee, when the matter was placed before the Full Court, the Full Court authorized the Chief Justice to constitute a committee of judges for preparing the list of candidates to be recommended for appointment of District and Sessions Judge (Grade-II). Accordingly, the Chief Justice appointed a sub-committee of two judges which prepared a fresh list of candidates for appointment prescribing minimum qualifying marks for the interview. The sub-committee was of the view that apart from applying the minimum marks for the written examination, the cut-off marks/percentage should be applied for interview marks also and those who failed to secure such minimum marks in the interview, should be considered as having failed. The sub-committee thus prepared a fresh merit list. In those facts and circumstances of the case, the Supreme Court set aside the select list by holding that the introduction of the requirement of cut-off marks for the interview after the entire selection process was completed amounted to changing the rules of the game after the selection process was almost complete which is impermissible.

42. The case in hand is distinguishable from those cases where the mode of selection was altered by fixing the cut-off marks after the selection process had completed/commenced; whereas in the present case only wrongful calculation in the number of vacancies in different categories had been corrected in order to satisfy the percentage of reservation against various categories as per the provisions of UP Reservation Act, 1994. Such correction cannot be said to changing the rules or basis of selection. The eligibility criteria was not changed.