‘Rules cannot change midway of public services recruitment’

CategoryPolity

Last Updated09/11/2024

A five-judge Constitution Bench led by Chief Justice of India D.Y. Chandrachud held on Thursday (November 7, 2024) that the c or the ‘rules of the game’ for the selection of candidates to public services cannot be changed midway once the recruitment commences.

A five-judge Constitution Bench of the Supreme Court, led by Chief Justice D.Y. Chandrachud, ruled on November 7, 2024, that recruitment rules for public services cannot be changed midway once the process has commenced.

Fixed Eligibility Criteria: The Bench emphasized that eligibility criteria set at the beginning of the recruitment process cannot be altered unless permitted by existing rules or a specific clause in the advertisement.
Judgment Authored by Justice Manoj Misra: Justice Misra stated that recruitment rules serve as the "rules of the game" and should remain consistent throughout the process to ensure fairness.

The court highlighted that recruitment laws, rules, and procedures for public services should be in line with fundamental rights, specifically:
Equality and Non-Discrimination: As per Articles 14 and 16 of the Constitution, any alterations in criteria must be non-arbitrary and ensure equal opportunity in public employment.
Transparent and Rational Procedure: Recruitment processes must be transparent, rational, and serve a clear purpose, aligning with fundamental rights.

Selection vs. Appointment: The judgment clarified that inclusion in a select list does not automatically entitle a candidate to an appointment, even if vacancies exist.
State’s Burden of Justification: If a selected candidate is denied appointment, the state or relevant authority must provide a valid justification, ensuring non-arbitrariness in decision-making.

Justice Misra elaborated on the legal phrase, "rules of the game," referring to the established recruitment rules and procedures:
Fixed from Start to Finish: The recruitment process, once initiated, should adhere to the pre-set rules and criteria without any mid-process alterations.
Two Categories of Rules: The rules fall into two main types:
- Eligibility Criteria: Defines qualifications required for candidates.
- Selection Methodology: Outlines the method for choosing candidates among those eligible.

From Advertisement to Appointment: The recruitment process officially begins with the advertisement calling for applications and concludes once vacancies are filled.
Binding on Recruiting Body: The process and criteria defined at the start are binding on the recruiting authority in terms of both eligibility and procedural adherence.