Anil Kishore Pandit vs State Of Bihar 2024 INSC 188 – Public Employment – Amendment Of Notification

Public Employment– It is not open for an employer to change the qualifications prescribed in the advertisement midstream, during the course of the ongoing selection process. Any such action would be hit by the vice of arbitrariness as it would tantamount to denial of an opportunity to those candidates who are eligible in terms of the advertisement but would stand disqualified on the basis of a change in the eligibility criteria after the same is announced by the employer. Having applied for appointment in accordance with the terms prescribed in the advertisement, a candidate acquires a vested right to be considered in accordance with the said advertisement. This consideration may not necessarily fructify into an appointment but certainly entitles the candidate to be considered for selection in accordance with the rules as they existed on the date of the advertisement. To put it differently, the right of a candidate for being considered in terms of the advertisement stands crystalized on the date of the publication of the advertisement. Any subsequent amendment to the advertisement during the course of the selection process unless retrospective, cannot be a ground to disqualify a candidate from the zone of consideration – Referred to N.T. Devin Katti and Others v. Karnataka Public Service Commission (1990) 3 SCC 157, Mohd. Sohrab Khan v. Aligarh Muslim University (2009) 4 SCC 555, Zonal Manager, Bank of India, Zonal Office, Kochi and Others v. Aarya K. Babu (2019) 8 SCC 587

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