New Delhi: The Supreme Court on Thursday (November 7) held that the rules for eligibility for recruitment process cannot be changed midway unless it is prescribed and if such change is made in middle in the rules and advertisement, it requires to satisfy the test of Article 14 of the Constitution.
A five-judge bench comprising Chief Justice of India Dr DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal and Justice Manoj Misra answered the question whether states and its instrumentalities can change the rules of selection process for jobs once the process is underway.
Candidates should not be taken by surprise by change of rules midway: Apex Court
The constitution bench unanimously held that in the public recruitment process, transparency and non-discrimination should be the hallmarks and candidates should not be taken by surprise by change of rules midway.
Justice Manoj Mishra, reading out the judgment, said that the recruitment process begins with calling for applications and ends with filling of vacancies and eligibility rules cannot be changed midway and it can be done only if extant rules prescribe so.
“Even the rule has to meet the standard of Article 14 and 16 of the Constitution, extant rules having statutory force must not be arbitrary,” Justice Misra said and added, “Placement on select list does not give an absolute right to employment”.
Apex court stood by its earlier verdict
The constitution bench, while delivering its verdict, stood by its earlier verdict in K Manjusree etc. Vs State of Andhra Pradesh holding that the rules of the recruitment process cannot be changed midway.
Apex Court was hearing a plea by unsuccessful candidates
The apex court was hearing a plea filed by unsuccessful candidates against the Rajasthan High Court on administrative side, which had issued advertisement for filling up 13 posts. The High Court introduced a 75 percent cut-off midway the process of selection, resulting in selection of only three candidates out of 21. The appeal filed by the unsuccessful candidates was rejected by the High Court, following which the candidates moved the apex court.
