- (1.) IN this writ petition, the petitioner has prayed for quashing Letter no.A12/ 16/2/2011Exam. dated 8th April, 2011 issued under the signature of Respondent no.2, communicating the decision that relaxation in qualification with regard to experience shall not be granted to the candidates.
(2.) THE grievance of the petitioner is that in Note II of the advertisement, discretion was given to the appointing authority to relax qualification with regard to experience on recommendation of the Selection Committee in case the candidates are otherwise qualified. By the impugned letter, it has been communicated that the said discretion would not be available. Learned counsel for the petitioner submitted that the respondents cannot change the rule of game once the process of appointment has been initiated. Withdrawal of that discretion, according to the petitioner, would change the rules and conditions of appointment. Learned counsel referred to and relied on a decision of the Supreme Court in the case of Hemani Malhotra Vs. High Court of Delhi, reported in (2008)7 SCC 11.
(3.) LEARNED counsel appearing on behalf of the respondents, on the other hand, submitted that Note I in the said advertisement sought to give discretionary power to the appointing authority to relax qualification with regard to experience of the candidates and there was chance of attracting some controversy. The said clause has been, thus, made ineffective by the impugned letter. It has been stated that there is no change in the rule. The said note does not contain in any rule and the same was an unnecesary addition.;