CHITARANJAN KUMAR SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) All the three petitioners were aspirants to the post of Medical Officers to be appointed under the State of Bihar. They have been through the process of selection but since they have failed to make the cut, they decided to file the present writ application on the ground that the Bihar Public Service Commission (hereinafter referred to as 'B.P.S.C.') cannot change the rule of the game by bringing about changes in the mode of selection.

(2.) The petitioners had applied in terms of Advertisement No.15 of 2014, dated 20th of July, 2014, copy of the advertisement is Annexure -13. While the process of selection was still on, based on an amendment to the rule notified on 17.03.2015 to the Bihar Health Service (Appointment and Service Conditions) Rule, 2013, a copy of which is Annexure -D, to the counter affidavit of B.P.S.C., the selection of candidates on the post of Medical Officer was carried out. By virtue of this amendment to the rule, the State decided to award the maximum marks of 50%, i.e., 25 marks for the M.B.B.S. degree obtained from a foreign university. This provision was not there when Annexure -13, the advertisement, was issued.

(3.) Learned counsel representing the petitioners relied on a series of decisions rendered in the case of P. Mahendran & Ors. v. State of Karnataka & Ors., reported in AIR 1990 SC 405, Sonia v. Oriental Insurance Co. Ltd. & Ors., reported in AIR 2007 SC 2932 as well as in the case of Kulwant Singh & Ors. v. Daya Ram & Ors., reported in (2015) 3 SCC 177 to buttress the point that the respondents cannot change the parameters of selection contrary to the advertisement.