A five-judge Constitution bench of the Supreme Court, headed by Chief Justice DY Chandrachud, has delivered an important judgment aimed at maintaining the integrity of recruitment to government posts. According to the decision, the recruitment process starts with the official advertisement and ends only after the vacancies are filled. This process mandates that once the eligibility criteria are defined in the beginning, they cannot be changed midway. Changes, if any, should be authorized by the existing rules or clearly stated in the advertisement, and should also comply with Article 14 (right to equality) of the Constitution, ensuring equal treatment for all candidates.
The jurisdiction is created in an important 2013 decision of Tej Prakash Pathak and Ors. Versus Rajasthan High Court and 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” should remain unchanged to ensure fairness and transparency. Courts have consistently highlighted this principle, indicating that mid-process changes in eligibility criteria or selection methods are unfair to candidates who have applied based on the initial conditions.
Supreme Court’s decision on recruitment process for government jobs – download PDF
rules cannot be changed midway
The Court emphasized that transparency and consistency are fundamental to recruitment practices. If the eligibility requirements or selection process changes during the recruitment cycle, it may lead to unfair treatment of applicants who applied based on the initial criteria. Thus, any deviation undermines the principles of fairness and equal opportunity protected under Article 14.
Furthermore, the decision allows recruitment bodies the flexibility to design appropriate selection processes as per the role but stipulates that these must be transparent, rational and non-discriminatory. This means that institutions can choose methods such as examinations, interviews or skills assessment, but they must clearly communicate and consistently implement these criteria without modification once announced.
Supreme Court’s decision on recruitment process for government jobs
This historic decision sends a strong message to all government and public sector organisations, emphasizing that recruitment processes must be clear, predictable and reliable. The decision aims to strengthen the confidence of job seekers in government recruitment practices and prevent arbitrary changes that may harm candidates. This judgment not only emphasizes the importance of a fair process but also sets a benchmark for all future recruitments, setting a clear precedent on transparency in government recruitment.
