ARUN KUMAR LAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD

(2.) THE present writ application questions the authority of the State of Bihar to change the eligibility condition for recruitment of Assistant Jailor after completion of the selection process and, thus, disqualify petitioners. Counter affidavits and rejoinders have been filed and with the consent of parties, the writ application is being disposed of at the stage of admission itself.

(3.) HAVING heard the learned counsel for the parties, I must first point out that so far as Bihar Jail Manual is concerned, it is not a statutory document. It has not been issued under any authority delegated to the State by any statute. It is a compilation of executive instructions issued from time to time and in several cases, it has already been held to be of non -statutory, non -binding character and the authorities, if situation so demands, can deviate from the provisions therein. Here, not only the deviation was there but the same was not protested to by the State till the selection process itself was completed. It is equally well settled that once certain terms and conditions are laid down in the advertisement seeking applications for employment then the terms and conditions mentioned in the advertisement are the rules for the selection process. Rules once framed and the process started cannot be changed midway. This, in my view, is a settled principle of law. As such the only option left is to hold that if petitioners were otherwise eligible and found fit to be appointed, they cannot be disqualified on ground of having a height less than 5 '6" but more than 5 '4".