The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Thursday held that the recruitment process can't be changed by the selection body midway after issuance of advertisement to a post.
A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud declared that the rules can't be changed to take the candidates by surprise.
The bench, which also comprised Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal, and Manoj Misra, held the eligibility criteria for being placed in the select list notified at the commencement of the recruitment process cannot be changed midway unless "the extant rules so permit or the advertisement, which is not contrary to the extant rules, so permits."
The bench also said a candidate does not acquire an indefeasible right to an appointment, after being placed in the select list. But the State or its instrumentality for bona fide reasons may choose not to fill up the vacancies. However, if vacancies exist, the State or its instrumentalities cannot arbitrarily deny appointment to a person within the zone of consideration in the select list.
The judgment was pronounced by Justice Misra on behalf of the bench.
The matter was referred to the five-judge Constitution Bench by a three-judge bench in the case of 'Tej Prakash Pathak and others Vs Rajasthan High Court and others' (2013), which doubted the previous judgment in case of K Manjusree Vs State of Andhra Pradesh and another (2008) that held the selection criteria cannot be changed midway.