Rules for govt jobs can't be changed midway unless prescribed: SC

New Delhi: In an important ruling having a bearing on the recruitment process, the Supreme Court on Thursday held that 'rules of the game' for appointment in government jobs cannot be changed midway unless the procedure permits so.

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud said recruitment process commences from the issuance of advertisement calling for applications and ends with filing up of vacancies. "Eligibility criteria for being placed in the select list notified at the commencement of the recruitment process can't be changed midway through the recruitment process unless the extant rules so permit or the advertisement which is not contrary to the extant rules so permit," the bench said.

The bench, also comprising Justices Hrishikesh Roy, P S Narasimha, Pankaj Mithal and Manoj Misra, unanimously held if change of criteria is permissible under the extant rules or advertisement, it would have to meet the requirement of Article 14 (right to equality) of the Constitution and satisfy the test of non-arbitrariness.

"Recruiting bodies subject to the extant rules may devise appropriate procedure for bringing the recruitment process to its logical end provided the procedure so adopted is transparent, non-discriminatory, non-arbitrary and has a rationale nexus to the object sought to be achieved," Justice Misra said while pronouncing the verdict.