ABHAY KUMAR PATEL & ORS. versus STATE OF BIHAR & ORS.

ABHAY KUMAR PATEL & ORS. versus STATE OF BIHAR & ORS.

The 2022 Amendment Rules introducing Rule 8(5) could not be applied retrospectively to the recruitment processes initiated by the 2019 Advertisements after the written examination had been held and provisional merit lists published; the selection process must be finalized in accordance with the 2019 Rules as they existed on the date of the advertisements and not by changing eligibility criteria mid-process.

Parties
Appellant: Abhay Kumar Patel & Ors.; Respondent: State of Bihar & Ors.
Jurisdiction
India
Judgment Date
06 January 2026
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; impugned High Court judgment and order set aside in part
Legal Topics
Retrospective Effect, Recruitment Rules Amendment, Selection Criteria, Provisional Merit List, Weightage for Contractual Experience, Article 309, Article 14, Article 16
Service Law Constitutional Law Administrative Law Retrospective Effect Recruitment Rules Amendment Selection Criteria Provisional Merit List Weightage for Contractual Experience +3 more

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Parties

Abhay Kumar Patel & Ors.

Appellant

State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Bihar Engineering Service Class-II Recruitment (Amendment) Rules, 2022 (introducing Rule 8(5)) could be made retrospectively applicable to recruitment processes initiated under the 2019 Rules after the written examination had been conducted and provisional merit lists published

Ratio Decidendi

The 2022 Amendment Rules introducing Rule 8(5) could not be applied retrospectively to the recruitment processes initiated by the 2019 Advertisements after the written examination had been held and provisional merit lists published; the selection process must be finalized in accordance with the 2019 Rules as they existed on the date of the advertisements and not by changing eligibility criteria mid-process.

Court Disposition

Appeal allowed; impugned High Court judgment and order set aside in part

Orders

  • Impugned judgment and order dated 05.07.2023 of the High Court of Judicature at Patna in CWJC No. 18302 of 2022 is set aside
  • Respondents directed to finalize appointments based on the provisional merit lists published in June/July 2022 strictly following the unamended Bihar Engineering Services Class-II Recruitment Rules, 2019, within two months from the date of this judgment