Service matter appeal in division court

Dr. P. K. Pranav (Querist) 27 January 2017 This query is : Resolved
Dear Madam/Sir,

My Institute has advertise the 4 posts of associate Professor in my department without indicating any reservation. As an eligible candidate, I applied and appeared in interview but authority not recommended my name. 2 posts were filled up and 2 remain vacant.
As per RTI, i came to know that because of unavailability of seat in general category my name could not recommended.
I filed a writ in the High Court and institute made the only ground of reservation and court held that the reservation roster can not prepared after the advertisement and hence ordered to appoint me against the vacant post.
Now, institute appealed in division bench stating that candidate failed in the interview. The institute fully changed the stand from reservation to failure of candidate.

In this regard, may i know that, can the ground be changed in division bench? Even in single bench, institute has accepted that i got the third position but due to unavailability of the seat my name did not appear but now saying that candidate was failed in the interview.

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Guest (Expert) 27 January 2017
Change of stance by the employer is not likely to be taken in to cognizance by the court, if that already admitted that you stood third position.