Subsequent notification could not be applied retrospectively to adjudge suitability of a candidate for appointment

Candidate applied for the post of Male Multipurpose Health Worker, which was rejected on ground of failing to produce registration certificate as Male Multipurpose Health Worker with H.P. Para Medical Council within stipulated period.

There was no condition in Recruitment and Promotion Rules and advertisement that a person applying for the post of Male Multipurpose Health Worker should be registered with H.P. Para Medical.

Selection process was initiated in the month of September, 2017 and by Government issued instructions on 14.2.2019.

Court held that subsequent notification could not have been applied retrospectively so as to adjudge suitability of a candidate, as the same had to be assessed on the basis of the terms and conditions as were contained in the advertisement.

Counsels: Ramesh Goyal, Arihant Goyal, Vikas Chauhan, Mr. Ajay Vaidya, Angrez Kapoor, Dalip K. Sharma

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