In a landmark judgment, the Supreme Court of India has clarified that once the recruitment process for government jobs begins, eligibility criteria cannot be altered midway. This ruling came from a five-judge Constitution bench led by Chief Justice D.Y. Chandrachud, solidifying the principle that transparency and fairness must be upheld throughout the recruitment process.
The bench, which included Justices Hrishikesh Roy, P.S. Narasimha, Pankaj Mithal and Manoj Misra, highlighted that once a public sector recruitment process is initiated, the “rules of the game” should remain consistent unless specific provisions in the existing rules or advertisement allow modifications. This interpretation protects candidates from unexpected changes in eligibility criteria, a critical aspect of fairness in government hiring.
Justice Misra emphasized that recruitment organizations must adhere to a transparent and non-discriminatory process. He further stated that if any changes to the recruitment procedure are introduced, they must comply with Article 14 of the Indian Constitution, which safeguards the right to equality and prohibits arbitrary treatment. Justice Misra added that the recruitment process should not deny qualified candidates their opportunity to fill vacancies unless specific rules permit such an outcome.
The court’s decision was in response to a longstanding legal question regarding the scope of change in recruitment criteria during the selection process. Back in 2013, a three-judge Supreme Court bench had raised concerns about the so-called “rules of the game” principle. This term, first defined in a 1965 ruling, prohibits the state from altering recruitment criteria partway through the process. The three-judge bench had referred the matter to a larger bench, seeking a comprehensive interpretation of how the principle should apply, especially in cases where stricter scrutiny was introduced during the recruitment.
The Constitution bench’s ruling now serves as an authoritative statement, reinforcing the idea that any procedural changes, even if intended to improve scrutiny, must be rationally connected to the recruitment goals and must not arbitrarily impact applicants.
This ruling also emphasizes the broader implications for recruitment organizations. While they retain the flexibility to design fair and transparent procedures, these procedures must honor the initial terms of the recruitment announcement. By doing so, the SC has underscored a commitment to both fairness and efficiency in public sector hiring.
Ultimately, the Supreme Court’s decision not only protects candidates from potential biases and unpredictability but also reinforces the significance of a stable and equal selection process in government employment. This judgment, thus, sets a precedent ensuring that all changes within the public recruitment domain meet the highest standards of transparency and fairness.
