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.
![Order to appoint One Man Committee of Justice (Retd.) Lokur for the Prevention of Stubble Burning Kept in Abeyance by SC itself [READ ORDER]](/secure/uploads/2020/10/lj_8849_Order_to_appoint.jpeg)
