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Source: This post on Supreme Court Ruling on Recruitment Rules in Public Services has been created based on the article “‘Rules cannot change midway of public services recruitment’” published in The Hindu on 8th November 2024.
Why in news?
The Supreme Court’s Constitution Bench, led by Chief Justice D.Y. Chandrachud, ruled that eligibility criteria and recruitment rules, once set at the start of a public service recruitment process, cannot be altered midway.
Key Judgement
1. Legal Requirement for Changes: Any change in the eligibility criteria during the recruitment process can only occur if explicitly allowed by existing rules or the initial advertisement, provided it aligns with the extant rules.
2. Fundamental Rights and Equality: The judgment emphasized that recruitment laws and procedures must adhere to fundamental rights principles, particularly equality (Article 14) and equal opportunity in public employment (Article 16) of the Indian Constitution.
3. Prohibition Against Arbitrary Rule Changes: Alterations in the recruitment process must meet the standards of non-arbitrariness and fairness, consistent with the principles of equality and non-discrimination.
4. No Guarantee of Appointment from Selection: Placement on a select list does not guarantee appointment, even if vacancies exist. However, the state must provide a valid reason if it denies appointment to a selected candidate.
5. “Rules of the Game” Concept: Justice Manoj Misra, who authored the judgment, defined “the rules of the game” as the selection and appointment process. Courts have consistently opposed any change in these rules after recruitment has commenced.
6. Two Types of Rules: The court categorized “rules” into two types:
i) Eligibility Criteria: The qualifications required for candidates to be considered for the role.
ii) Selection Process: The procedures and methods used to choose candidates from the eligible pool.
Binding Nature of Rules: Recruitment rules are binding on the recruiting body, which must ensure the process is transparent, fair, and rationally connected to the objectives of the recruitment.
7. Timeline of Recruitment Process: According to the court, the recruitment process begins with the advertisement for applications and concludes once vacancies are filled. The process must strictly follow the established rules for both eligibility and procedure.
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