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The Supreme Court’s five-judge Constitution bench headed by Chief Justice D Y Chandrachud has delivered an important ruling aimed at preserving the integrity of recruitment for government positions. According to the judgment, the recruitment process begins with the official advertisement and ends only after vacancies are filled. This process mandates that once eligibility criteria are defined at the start, they cannot be altered mid-way. Changes, if any, must be authorized by existing rules or clearly stated in the advertisement, and must also adhere to Article 14 of the Constitution(Right To Equality), ensuring equal treatment for all candidates.
The jurisdiction has been made in a significant 2013 ruling of Tej Prakash Pathak & Ors. v. Rajasthan High Court & Ors.
Rules Of The Game
The “Rules of the Game” in public service recruitment refer to the established guidelines that govern candidate selection and appointment, covering eligibility requirements and the selection process. Once recruitment begins, these “rules” must remain unchanged to ensure fairness and transparency. Courts have consistently highlighted this principle, signifying that mid-process changes to eligibility criteria or selection methods are unfair to candidates who have applied based on the initial terms.
Supreme Court Verdict On Recruitment Process For Govt Jobs-Download PDF
Can’t Change Rules Midway
The Court emphasized that transparency and consistency are foundational to recruitment practices. If the eligibility requirements or selection process changes during the recruitment cycle, it could lead to unfair treatment of applicants who applied based on the initial criteria. Thus, any deviations undermine fairness and equal opportunity, principles protected under Article 14.
Furthermore, the judgment allows recruiting bodies the flexibility to design appropriate selection procedures according to the role but stipulates that these must be transparent, rational, and non-discriminatory. This means while institutions can choose methods like exams, interviews, or skill assessments, they must clearly communicate and consistently apply these criteria without modification once announced.
Supreme Court Verdict On Recruitment Process For Govt Jobs
This landmark ruling sends a strong message to all government and public sector organizations, reinforcing that recruitment processes must be clear, predictable, and trustworthy. The decision aims to strengthen the faith of job-seekers in government hiring practices and prevent arbitrary changes that could disadvantage candidates. This ruling not only emphasizes the importance of fair process but also establishes a standard for all future recruitments, setting a clear precedent on transparency in government hiring.