New Delhi/Jaipur. The Supreme Court on Thursday said that the recruitment process cannot be changed midway after the advertisement for a post is issued.
The Constitution bench of Chief Justice DY Chandrachud and Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal and Manoj Mishra, while delivering the verdict in Tej Prakash Pathak vs Rajasthan High Court, said the rules were not changed to surprise the candidates. Can go.
A five-judge Constitution bench headed by Justice Chandrachud held that the eligibility criteria for inclusion in the selection list notified at the beginning of the recruitment process cannot be changed midway, unless the existing rules or advertisement (which is contrary to the existing rules) ) Do not allow this.
Justice Mishra, while delivering the verdict on behalf of the bench, also said that after being placed in the selection list, the candidate for the said post does not get the inalienable right of appointment, but the government or its machinery can choose not to fill the vacancies for genuine reasons. However, if vacancies exist, the Government or its machinery cannot arbitrarily refuse to appoint a person from the area under consideration in the selection list.
The matter was referred to a 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 in turn referred the matter to a five-judge Constitution bench in the case of Manjushree vs. State of Andhra Pradesh and Others (2008). I had expressed doubts over the previous decision. In this case it was said that the selection criteria cannot be changed midway. The Constitution Bench had reserved its decision after the completion of the hearing in July.
