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'Can't Change Rules Midway': Big Supreme Court Verdict On Recruitment Process For Govt Jobs

The top court held that the "rules of the game" cannot be changed midway after the selection process for a government job has begun unless the rules permit so.

A five-judge Supreme Court constitutional bench on Thursday held that in recruitment to public services, rules for selection of candidates to posts cannot be changed mid-way through the process or after completion of the process. Transparency and non-discrimination must be the hallmarks of public recruitment.

The top court held that the "rules of the game" cannot be changed midway after the selection process for a government job has begun unless the rules permit so.

The apex court was faced with a legal question of whether the criteria for appointment to a public post could be altered by the authorities concerned in the middle or after the process of selection has allready started.

In its verdict today, the apex court has upheld the previous Supreme Court ruling in the case of K Manjusree etc. vs State of Andhra Pradesh(2008), in which it was held that the rules of recruitment processes cannot be changed midway.

The five-judge bench today held that the K Manjusree judgment is good law and cannot be held to be incorrect.

The top court concluded that the recruitment process begins with calling for applications and ends with filling of vacancies and eligibility rules cannot be changed midway and it can be done only if extant rules prescribe so;

The top court further clarified that even the rules for recruitment have to meet the standard of Articles 14 (right to equality) and 16 (non-discrimination in public employment) and extant rules having statutory force must not be arbitrary.

The apex court further said that placement on a select list does not give a candidate an absolute right to employment.

 

 

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