LexSHASHI BHUSHAN PRASAD SINGH versus THE STATE OF BIHAR AND OTHERS
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[2024] 10 S.C.R. 1344 : 2024 INSC 763 Shashi Bhushan Prasad Singh v. The State of Bihar and Others (Civil Appeal No. 11030 of 2024) 04 October 2024 [Bela M. Trivedi and Satish Chandra Sharma,* JJ.] Issue for Consideration Despite the preparation of the Final Select List which signals the conclusion of the appointment process, the State Government sought to scrap the entire process and undertake a fresh appointment process under the New Rules. Whether this amounted to effectively changing the rules of the game after the game was played which is impermissible and deprives the candidates of their legitimate right of consideration under the previous Rules. Headnotes† Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment Rules, 2015 – Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment (Amendment) Rules 2017 – Recruitment – Appointment process – Bihar Technical Service Commission invited applications for vacancies to the post of Junior Engineer across various state departments vide Advertisement dated 08.03.2019 – The applications of the private respondents herein were found ineligible by the BTSC on the ground that their institutions were not approved by the All-India Council of Technical Education (AICTE) – Writ petitions were filed – After various orders of the High Court, a Final Select List was prepared on 19.12.2022, put under sealed cover and permission of the Court was sought by filing an interlocutory application – However, application was adjourned after Court was informed that the State Government was contemplating a review of the entire process – Later on 25.01.2023, decision was taken by the State Government inter alia to cancel the entire appointment process under the Advertisement and to initiate approval for the amended Rules: * Author [2024] 10 S.C.R. 1345 Shashi Bhushan Prasad Singh v. The State of Bihar and Others Held: In the instant case, despite the preparation of the Final Select List which signals the conclusion of the appointment process, the State Government seeks to scrap the entire process and undertake a fresh appointment process under the New Rules – In the considered opinion of this Court, this amounts to effectively changing the rules of the game after the game was played which is impermissible and deprives the candidates of their legitimate right of consideration under the previous Rules – The High Court in the impugned order has abruptly and without assigning reasons and without adjudicating any issues involved in the writ petitions, disposed of the same, recording the statement made by the counsel for the State, and permitted the State to amend Rules in question – Since, the entire recruitment process was concluded as per the extant Rules till the selection list was declared on 02.04.2022, which has not been specifically set aside by the High Court, and since the AICTE has also continued its stand that its approval is not necessary for the private institutions, and since the order dated 19.04.2022 (in which the first Select List was partly set aside) has attained finality, the interest of justice would be met if the State/Commission is directed to prepare a fresh select list of meritorious candidates in respect of the Advertisement dated 08.03.2019 – Hence, it is directed that a fresh selection list for the vacancies advertised in the Advertisement dated 08.03.2019 be prepared of the meritorious candidates in compliance with the order dated 19.04.2022 passed by the High Court – The Fresh Select List shall also include those meritorious candidates who were otherwise eligible but were declared ineligible solely on account of the 2017 amendment to the Rules i.e., on account of their institute not being recognised by the AICTE, and all similarly placed successful candidates. [Paras 26, 27, 29] Case Law Cited Bharathidasan University & Anr. v. AICTE & Ors. [2001] Supp. 3 SCR 253 : (2001) 8 SCC 676; Punjab National Bank v. Anit Kumar Das [2020] 9 SCR 925 : (2021) 12 SCC 80; The Chairman SBI & Anr. v. M.J. James [2021] 7 SCR 373 : (2022) 2 SCC 301; K. Manjusree v. State of Andhra Pradesh & Anr. [2008] 2 SCR 1025 : (2008) 3 SCC 512 – referred to. List of Acts Bihar Water Resources Department Subordinate Engineering (Civil) Cadre Recruitment Rules, 2015; Bihar Water Resources Department 1346 [2024] 10 S.C.R. Digital Supreme Court Reports Subordinate Engineering (Civil)
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