PRESENT THE HONOURABLE SRI JUSTICE G.NARENDAR THE HONOURABLE SRI JUSTICE HARINATH.N

The State of A.P and Others ...Appellant(S)

Mohammad Nafeeza Sultana ...Respondent

Counsel for the Appellant(S):

GP for Village and Ward Secretariats

MASTAN VALI SHAIK

Sl.	DATE	ORDER	OFFICE
No.			NOTE
	02.04.2024	GN, J & HN, J
		I.A. No.1 OF 2023
		1.<br>We have heard the learned Government
		Pleader for Village & Ward Secretariats
		appearing<br>for<br>the<br>appellants<br>and<br>the	Contd

02.04.2024		learned counsel for the respondent.
(contn)	2.	There is a delay<br>of 38 days in filing the
		present Writ Appeal.
	3.	We examined the pleadings with regard
		to the delay in filing the Appeal and we
		are<br>also<br>satisfied<br>with<br>the<br>reasons
		assigned. Therefore, the delay of 38<br>days
		in<br>filing<br>the<br>present<br>Writ<br>Appeal<br>is
		condoned<br>and<br>this<br>Interlocutory
		Application is ordered.
		________
		GN, J

		_________
		HN, J
		I.A. No.2 of 2023
	1.	We have heard the submissions of the
		learned Government Pleader for Village &

		Ward<br>Secretariats<br>representing<br>the
		appellants<br>and<br>the<br>learned<br>counsel
		representing the sole respondent.
	2.	The learned Government Pleader for the
		appellants has drawn the attention of this
		Court to page No.144 of the Writ Appeal,
		which is the screenshot of the webpage

		and<br>pointed<br>out<br>the<br>publication<br>of
		addendum<br>whereby<br>the<br>authorities	Contd…
		amended the qualification of Intermediate

	with<br>Biology/Vocational<br>Course<br>in
02.04.2024<br>(contn)	Fisheries notified in the notification dated
	26.07.2019 and by the amendment, the
	word "Biology" was deleted and retained
	the<br>qualification<br>Intermediate<br>with
	vocational course in Fisheries.
	3.<br>It is the case of the respondent that no
	such addendum was published and that
	the amendment to the recruitment rules
	only came to be notified on 21.11.2019<br>and
	hence<br>the<br>same<br>is<br>inapplicable.<br>The

	challenge in the<br>writ petition is not to the
	addendum,<br>but<br>on<br>this<br>ground,<br>the
	selection/appointing<br>authority<br>has<br>no
	right to change the eligibility criteria in
	the midway after the process for selection
	has been commenced. In other words, the
	learned counsel would contend that the
	rules cannot be changed in the midway
	after the process for selection has been
	commenced.
	4.<br>In the case on hand, it appears that the
	last date for submitting the applications
	was 10.08.2019, the applicant (respondent
	herein) submitted her application only on
	31.07.2019 and the addendum published
	on the webpage on 29.07.2019 that is	Contd…

	much before the applicant (respondent<br>herein) could submit her application.
5.	Mere issuance of a hall ticket allowing the
	applicant<br>(respondent herein)<br>to sit for an
	examination or verification of testimonials
	does not automatically make the applicant
	eligible if she does not meet the eligibility
	criteria.<br>Since there was no challenge to
	the notification of the addendum, it is not
	open for the respondent to contend that
	the selection/appointing authority did not
	have the right to change the eligibility
	criteria.
6.	Needless to say, it is no longer res integra
	that deciding the eligibility criteria is the
	sole domain of the appointing authority.
	The<br>appointing<br>authority<br>changed<br>the
	eligibility<br>criteria<br>even<br>before<br>the
	respondent<br>submitted<br>her<br>application.
	The<br>same<br>criteria<br>applicable<br>to<br>all
	candidates<br>and<br>not<br>discriminatory<br>in
	nature.<br>However, the learned single Judge
	considered<br>the<br>case<br>of<br>the<br>respondent
	granting prayer in the writ petition.

7.	Hence, prima<br>facie,<br>this Court deems it	Contd…
	just<br>and<br>appropriate<br>to<br>grant<br>interim
	suspension of the order impugned in the

	Writ<br>Appeal<br>and<br>accordingly,<br>this
02.04.2024<br>(contn)	interlocutory application is ordered.
	________
	GN, J
	________
	HN, J
	W.A. No.715 OF 2023
	List the matter in usual course.
	________<br>GN, J

	________
	HN, J
	BV