Recruitment Rules Cannot Be Changed Mid-Process, Says Supreme Court

New Delhi – The Supreme Court of India ruled on Thursday that recruitment rules cannot be changed after the selection process has begun, unless the rules themselves or the recruitment advertisement specifically allow for it.

A five-judge Constitution Bench, led by Chief Justice of India DY Chandrachud, clarified that while appointing authorities have the freedom to establish selection procedures and benchmarks, these must be determined before the recruitment process commences. This is to ensure fairness and transparency for both candidates and invigilators.

However, the Bench acknowledged that changes to eligibility criteria might be permissible under certain circumstances, provided they are not arbitrary and align with the goal of selecting the most suitable candidate for the position.

The court emphasized that the primary objective of any selection process for public service is to find the best person for the job. This requires a degree of discretion for employers to devise methods that effectively evaluate candidates' suitability for specific roles.

The judgment stemmed from a reference made by a three-judge Bench that questioned the correctness of a previous ruling, which held that selection criteria cannot be altered mid-process. The Constitution Bench, comprising Justices Hrishikesh Roy, PS Narasimha, Pankaj Mithal, and Manoj Misra, reaffirmed the importance of transparent, non-discriminatory, and rational recruitment procedures.