New Delhi: In a landmark judgment on November 7, 2024, a five-judge Constitution Bench of the Supreme Court, led by Chief Justice DY Chandrachud, ruled that eligibility criteria for public appointments—the “rules of the game”—cannot be modified once the recruitment process has started. The Bench held that such changes would violate the right to equality and protection against discrimination.
Justice Manoj Misra, who authored the judgment, emphasized that eligibility rules in effect at the beginning of a recruitment process must remain consistent, as long as they align with Article 14 (the right to equality) of the Constitution and are non-arbitrary. The judgment underscores that mid-process changes can undermine fairness in public employment opportunities.
However, the Bench clarified that inclusion on a selection list does not entitle candidates to an automatic appointment. Recruiting authorities can choose not to appoint candidates from the list, provided they offer reasonable grounds.
The judgment stems from a 2009 recruitment case by the Rajasthan High Court, which initially announced 13 vacancies for translators. The High Court increased the qualifying cut-off marks to 75 after the written and interview stages, resulting in only three candidates meeting the revised criteria. This led to a legal debate on the fairness of altering recruitment criteria after the selection stages.
The Supreme Court’s decision highlights the importance of transparency and fairness in public sector recruitment, setting a precedent for similar cases in the future.
