The Supreme Court on Thursday ruled that recruitment rules for public services cannot be changed midway through the selection process unless the existing laws expressly allow such changes. A five-judge bench headed by Chief Justice DY Chandrachud, Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra insisted on adhering to the eligibility criteria laid down at the outset of the recruitment process.
Eligibility criteria should be consistent
The court pointed out that eligibility and conditions described at the beginning of the project could not be changed midway unless permitted by law or the original advertisement. Any amendments authorised must comply with Article 14 of the Constitution, ensuring non-arbitrariness and fairness.
Background
The judgment addresses the question raised in the case Tej Prakash Pathak and Others vs. Rajasthan High Court and others, initially heard by three judges before being transferred to a six-judge bench. The Court considered the earlier decisions, including K Manjusri v . State of Andhra Pradesh, questioned on the ground that it could conflict with the decision in State of Haryana vs. Subash Chander Marwaha ruling.
A more detailed decision is awaited, which will further clarify the court’s interpretation and guidelines for hiring reform.
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