sc-upholds-rule-consistency-in-public-service-hiring

The Supreme Court of India has ruled that recruitment rules in public services cannot be altered mid-way through a selection process unless explicitly allowed by existing rules or the original recruitment advertisement.

 

The decision, delivered by a five-judge bench led by Chief Justice DY Chandrachud and including Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, emphasises that the criteria established at the beginning of a recruitment process must be respected throughout, preserving transparency and fairness.

 

The Court clarified that if a change is indeed permitted under existing rules or the advertisement, it must align with Article 14 of the Indian Constitution, which upholds equality before the law.

 

This ensures that any modification remains fair, reasonable, and non-arbitrary. The detailed written judgement is yet to be released, which is anticipated to provide further legal reasoning and framework for implementing this principle.

 

This decision arose from a query posed by a three-judge bench on whether alterations to selection criteria could be made once a recruitment process is underway. The case, originally filed as Tej Prakash Pathak and Others versus Rajasthan High Court and Others, questioned the legal permissibility of modifying rules in mid-process.

 

The Court referred to a previous case, K Manjusree v. State of Andhra Pradesh, which had allowed mid-selection rule changes. However, there was concern that this decision conflicted with earlier judgments, such as State of Haryana versus Subash Chander Marwaha, which emphasised the sanctity of initial recruitment rules.

 

With this ruling, the Supreme Court has reinforced the principle that changes to recruitment rules cannot be arbitrary. This judgement holds significant implications for public recruitment processes, aiming to maintain fairness and avoid potential bias or confusion that could arise from shifting criteria during the selection process.

 

The decision underscores the importance of adhering to established rules, thereby safeguarding the interests of applicants and ensuring integrity in the recruitment system.