The Supreme Court said on November 7 that the rules of the game for recruitment in public services can’t be changed mid-way through the selection process unless the relevant rules permit so. A bench of Chief Justice of India DY Chandrachud, justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Justice Manoj Misra delivered the verdict.
The top court said that the eligibility criteria for being placed in the select list notified at the commencement of the recruitment process cannot be changed midway through the recruitment process unless the rules or the advertisement, which is not contrary to the extant rules, permit so.
The top court further clarified that if change is permissible under the extant rules or advertisement, then it would have to meet the requirement of Article 14 and as per satisfaction of the test of non-arbitrariness. A detailed judgment copy is awaited.
The top court was dealing with the whether rules of the game could be changed midstream after a selection process was instituted.
The matter was referred to a five-judge bench by a three-judge bench when it was hearing the case titled Tej Prakash Pathak and Others versus Rajasthan High Court and others.
In the context, reliance was placed on an earlier decision in K Manjusree v. State of Andhra Pradesh. The top court had then doubted the view in K Manjusree’s judgement on the ground that the principle which has been laid down in that case would appear to run contrary to an earlier decision in the State of Haryana versus Subash Chander Marwaha.
(with inputs from ANI)
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