DEVESH UPRETI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) IN all these writ petitions identical questions of fact and law are involved, therefore, all these writ petitions were taken up for hearing together and are being disposed of by this common judgment with the consent of learned counsel for the parties.

(2.) KUMAON University has issued one Notification dated 20.12.2012 inviting applications to appear in the SET examination, one of the qualifying eligibility test for the post of Lecturer. As per the Notification dated 20.12.2012, last date of submission of the applications was 30th June, 2012 and examination was scheduled to be held on 29.07.2012. As per the Notification, general candidates were required to obtain minimum 40% marks in paper 1 and paper 2 while 50% marks in paper

(3.) MR . Devesh Upreti, Advocate appearing in person, and learned Advocates appearing for different petitioners, while placing reliance on the three Judges Bench judgment of the Hon'ble Apex Court in the case of Tej Prakash Pathak and others Vs. Rajasthan High Court and others in Civil Appeal No. 2634 of 2013 decided on 20th March, 2013 vehemently argued that rules of the game -, the criteria for selection cannot be altered by the authorities concerned in the middle or after the process of selection has commenced. Change of the rules of the game after the game was played is clearly impermissible. Further contended that earlier general candidates were required to secure minimum 45% marks in paper No.1 and 2 and 50% marks in paper No.3. However, thereafter, as per the table given hereinbefore, a General category candidate is required to secure more than 50% marks in different subjects which is not permissible under the law.