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2007 DIGILAW 1403 (PAT)

Arun Kumar Lal v. State Of Bihar

2007-08-23

NAVANITI PRASAD SINGH

body2007
Judgment 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. It seems an advertisement was issued calling for applicants to apply for being appointed as Assistant Jailors by the Bihar Public Service Commission. In this advertisement, it was clearly specified that the minimum height requirement was 54". It is admitted case of the parties that this was done notwithstanding specification in the Bihar Jail Manual that the minimum height would be 56". From this, it can be assumed that even though authorities were cognizant of height specification in the Bihar Jail Manual, they had chosen to depart and specify a lesser height. It is on basis of the aforesaid that the selection process was completed. No one protested in between. When the final list was prepared and sent to the State, the same was returned referring the Jail Manual and BPSC was asked to revise the panel deleting persons who were below 56" even though the advertisement prescribed minimum height of 54". It is under those circumstances that petitioners, though selected, got eliminated at the instance of the State. 4. 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. 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 56" but more than 54". 5. In that view of the matter, this writ application is allowed and BPSC is directed not to delete the names of petitioners on ground aforesaid and the State would be obliged to consider their appointment in accordance with law. 6. There has been an interlocutory application by similarly circumstanced persons who were deleted. In view of judgment of Apex Court in the case of Ashwani Kumar and Others vs. State of Bihar and Others, since reported in (1997)2 Supreme Court Cases 1 [: 1997(1) PLJR (SC)59], all people, similarly circumstanced, will be obliged to be treated similarly once the law in this regard has been settled by this Court.