38.6c New Delhi, India, Tuesday, October 28, 2025
Top Stories Supreme Court
Political NEWS Legislative Corner Celebstreet International Videos
Subscribe Contact Us
close
Judiciary

Recruitment can't be changed midway, unless rules permitted: SC

By Jhanak Sharma      07 November, 2024 02:00 PM      0 Comments
Recruitment cant be changed midway unless rules permitted SC

NEW DELHI: The Supreme Court on Thursday said that the recruitment process can't be changed by the selection body midway after issuance of advertisement to a post, unless the rules permitted it.

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.

Supreme Court affirms recruitment rules must remain consistent unless regulations allow changes

In a judgment, 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 permit 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.

Candidates in select lists don’t have an automatic right to appointment; vacancies cannot be arbitrarily denied

Justice Misra pronounced the judgment 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.
 



Share this article:

About:

Jhanak is a lawyer by profession and legal journalist by passion. She graduated at the top of her cl...Read more

Follow:
FacebookTwitterLinkedinInstagram


Leave a feedback about this
Related Posts
View All

Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER] Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER]

CJI suggests holding measures in abeyance, questioning the PIL petitioner in the stubble burning case. Justice (Retd.) Madan B Lokur's role also discussed.

"Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue "Experts Say Your Beautiful Cars Also Contribute to Air Pollution," CJI SA Bobde Says While Hearing Stubble Burning Issue

Chief Justice of India S.A. Bobde ensures no stubble burning orders will be passed without considering petitioners' input, confirms Senior Advocate Vikas Singh.

Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning' Centre states that Farmers Stubble Burning contributes to 10% Pollution; SC retailitates saying, 'Pollution is caused by city-related issues. Take care of them and then we will come to stubble burning'

Supreme Court urges Centre, Punjab, Haryana, and UP to implement work-from-home due to air pollution. Next hearing set for November 17, 2021.

WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case WhatsApp Assures High Court Of Full Cooperation In Dhanbad Judge Murder Case

The CBI has charged auto-rickshaw driver Lakhan Verma and his brother Rahul with murder and false information, invoking IPC Sections 302, 201, and 34.

TRENDING NEWS

delhi-court-rejects-plea-against-ayodhya-judgment-slaps-6-lakh-costs-on-advocate-mehmood-pracha
Trending Judiciary
Delhi Court Rejects Plea Against Ayodhya Judgment, Slaps ₹6 Lakh Costs on Advocate Mehmood Pracha [Read Judgment]

Delhi District Court dismisses plea challenging Ayodhya verdict, imposes ₹6 lakh costs on advocate Mehmood Pracha for filing frivolous litigation.

27 October, 2025 11:58 AM
cji-gavai-recommends-for-appointment-of-justice-surya-kant-as-successor
Trending Legal Insiders
CJI Gavai recommends for appointment of Justice Surya Kant as successor

CJI Gavai recommends Justice Surya Kant as his successor. Justice Kant to become the 53rd Chief Justice of India, serving from Nov 24, 2025 to Feb 9, 2027.

27 October, 2025 12:37 PM

TOP STORIES

delhi-hc-grants-interim-protection-to-kumar-sanus-personality-rights-restrains-unauthorised-use-of-voice-and-image
Trending Judiciary
Delhi HC Grants Interim Protection To Kumar Sanu’s Personality Rights, Restrains Unauthorised Use of Voice and Image [Read Order]

Delhi HC grants interim protection to Kumar Sanu, restraining unauthorized AI use of his voice, image, and likeness to safeguard personality rights.

24 October, 2025 11:04 AM
orissa-hc-restores-fathers-visitation-rights-says-child-entitled-to-love-and-affection-of-both-parents
Trending Judiciary
Orissa HC Restores Father’s Visitation Rights, Says Child Entitled To Love And Affection Of Both Parents [Read Order]

Orissa High Court restores biological father’s visitation rights, holding that every child is entitled to love and affection of both parents.

24 October, 2025 11:50 AM
centre-writes-to-cji-to-nominate-justice-surya-kant-as-successor
Trending Legal Insiders
Centre writes to CJI to nominate Justice Surya Kant as successor

Centre writes to CJI B R Gavai recommending Justice Surya Kant as the next Chief Justice of India; he is set to assume office on November 24, 2025.

24 October, 2025 07:53 PM
sc-quashes-uapa-arrests-holds-remand-courts-explanation-cannot-replace-written-grounds-of-arrest
Trending Judiciary
SC Quashes UAPA Arrests, Holds Remand Court’s Explanation Cannot Replace Written Grounds Of Arrest [Read Order]

Supreme Court quashes UAPA arrests, ruling that remand court’s explanation cannot substitute the mandatory written grounds of arrest.

25 October, 2025 11:10 AM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email