NewDelhi: Most recently, the apex court of India, the Supreme Court, has ruled that the rules pertaining to government jobs may not be changed once the government has embarked on recruiting candidates for the particular jobs. This decision is by a five-judge constitutional bench dealing with the one pre-eminent question: can the rules of recruitment be changed when the process has begun?
The Supreme Court enunciated that the means adopted for the purpose of selection for the public service must be absolutely impartial.
The present case originated from a reference question in Rajasthan High Court with respect to a selection proceeding which was still ongoing. It was recently formulated for example it would require that all candidates for appointment must score not less than 75 percent in both written tests and interviews. This change made it worse to so many candidates as they were locked out of jobs due to this new requirement. They said that if changes to the rules to the process are admissible, then recruitment should not start in the first place.
However, the Supreme Court observed that if the rule making provision of the original rule had provided for change of criteria of eligibility such changes can be proper. However, any change could not ignore the right of equality and should not be done in a random way.
In this case there were three candidates who went to High Court to contest the rule that the changes in the recruitment standards are unfair more so when the process has commenced. Their petition was dismissed in 2010 but in 2013 a three-bench of the Supreme court sent the matter back to the five-bench constitutional bench under the Chief Justice D.Y. Chandrachud.
Justice Manoj Mishra, who read out the unanimous verdict from the bench, noted that where there is no written or nominal regulation regarding appointment to a post the employer may make rules. However, such determinations must be made prior to the actual recruitment process is launched. The bench clarified that the process starts the time when any organisation places an advertisement for various positions and ends once the organisation hires/discovers the persons for the respective post. After the process has started, the rules of appointments must be followed and cannot be amended.
Orange coloured, This judgement made by the Supreme Court working as one of the cornerstones in eradicating malpractices in government recruitments where candidates can be assured that fairness still reigns in India.
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