The Supreme Court of India.
Credit: PTI File Photo
New Delhi: The Supreme Court on Thursday held that the recruitment process or the eligibility criteria can't be changed by the selection body midway after issuance of advertisement to a post unless extant rules permitted so.
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.
"Even if such change is permissible under the extant Rules or the advertisement, the change would have to meet the requirement of Article 14 of the Constitution and satisfy the test of non-arbitrariness," the bench said.
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 permitted or the advertisement, not contrary to the extant rules, permitted so.
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 authored 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.
The court said the decision in K Manjusree (2008) lays down good law and is not in conflict with the decision in Subash Chander Marwaha (1974). Subash Chander Marwaha deals with the right to be appointed from the Select List whereas K Manjusree deals with the right to be placed in the Select List. The two cases therefore deal with altogether different issues, the bench said.