Supreme Court Rules No Midway Changes in Recruitment

Why in the news?

The Supreme Court ruled that recruitment eligibility criteria and selection procedures cannot be altered midway, emphasising the need for transparency, equality, and non-discrimination.

No Changes Midway in Recruitment Process:

  • A five-judge Constitution Bench, led by Chief Justice D.Y. Chandrachud, ruled that eligibility criteria and selection procedures for public service recruitment cannot be altered once the process has begun.
  • The judgement emphasised that any changes to the rules must be allowed by the existing rules or be stated in the advertisement, as long as they do not contradict the rules.
  • Any modification must adhere to Articles 14 (right to equality) and 16 (equal opportunity in public employment) of the Constitution, ensuring fairness and non-discrimination.

Principles of Equality and Non-Discrimination:

  • The Court stressed that recruitment rules must uphold the fundamental rights to equality and non-discrimination.
  • Even if criteria changes are necessary, they must comply with the constitutional provisions and be non-arbitrary.
  • A candidate on the select list does not have an absolute right to be appointed unless the state justifies any denial of appointment to the selected candidates.

Clarification of “Rules of the Game”:

  • Justice Manoj Misra explained that the “rules of the game” refer to the eligibility criteria and the method of selection.
  • Recruitment processes must follow the prescribed eligibility criteria and selection methods, ensuring transparency, fairness, and rationality.
  • The recruitment process starts with the advertisement and ends with the filling of vacancies, adhering strictly to the existing rules and procedures.

Sources Referred:

PIB, The Hindu, Indian Express, Hindustan Times