GUWAHATI: A Constitution Bench of the Supreme Court, led by Chief Justice DY Chandrachud, ruled on Thursday, November 7, that the eligibility criteria for government job selections cannot be altered once the recruitment process has begun, unless the existing rules specifically allow for such changes.
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The Bench, comprising Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, delivered its verdict after reserving judgment in July 2023. The case centred around whether the authorities could modify the criteria for appointment to a public post midway through or after the selection process had commenced. Essentially, the Court considered whether the rules governing recruitment could be changed once the process had begun.
In its judgment, the Court reaffirmed the validity of a previous Supreme Court ruling in the 2008 case of K Manjusree vs State of Andhra Pradesh, which held that recruitment rules could not be altered midway through the process. The Constitution Bench also confirmed that the K Manjusree judgment remains valid, even though it did not account for the Supreme Court's 1973 ruling in State of Haryana vs Subash Chander Marwaha, which held that candidates who meet the minimum marks in a public service exam do not have an automatic right to selection. The Marwaha case allowed the government to set a higher score to ensure high standards in recruitment.
The Constitution Bench's conclusions include a firm stance that the recruitment process, from calling for applications to filling the vacancies, must follow the established rules. Changes to eligibility criteria can only be made if they are permitted by the existing rules.
Furthermore, recruitment rules must comply with the principles of Articles 14 (right to equality) and 16 (non-discrimination in public employment), ensuring they are not arbitrary. The Court also clarified that being placed on a select list does not grant a candidate an absolute right to employment.
The verdict has reaffirmed the K Manjusree ruling as good law, confirming that it remains applicable despite the Marwaha case not being taken into consideration.
