34. The learned Judge erroneously held that the record note dated
July 15, 2015 had retrospective effect on and from 2009 and as such the
respondent no. 9 was entitled to offer alternate land, without considering
that once the procedure for award of LPG distributorship had started and a
candidate has been selected at the Draw-on-Lots, subsequent record note
relaxing the eligibility criteria cannot be permitted as the same was
arbitrary, illegal and discriminatory. On the issue that the rules of the game
cannot be changed after the game was played or completed, reference may
be drawn to the decision in P.K. Ramachandra Iyer v. Union of India
reported in (1984) 2 SCC 141, wherein the Apex Court was considering the
validity of a selection process under the ICAR Rules, 1977 which provided
for minimum marks only in the written examination and did not envisage
obtaining minimum marks in the interview. But the Recruitment Board
(ASRB) prescribed a further qualification of obtaining minimum marks in
the interview also. The Apex Court observed that the power to prescribe
minimum marks in the interview should be explicit and cannot be read by
implication for the obvious reason that such deviation from the rules is
likely to cause irreparable and irreversible harm. The Apex Court held that
as there was no power under the rules for the Selection Board to prescribe
the additional qualification of securing minimum marks in the interview, the
restriction was impermissible and had a direct impact on the merit list
because the merit list was to be prepared according to the aggregate marks
obtained by the candidates at the written test and interview.