VidhiSangh

Supreme Court of India · 20/02/2023

SURESHKUMAR LALITKUMAR PATEL & ORS. versus STATE OF GUJARAT & ORS.

[2023] 2 S.C.R. 543 · 2023 INSC 145

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Summary

A 2015 Gujarat advertisement for Supervisor Instructor posts fixed category-wise cut-off marks and provided that unfilled horizontally reserved posts would go to other eligible candidates; after the results, on the State's advice, the Selection Committee lowered the cut-offs to 40 and 35 per cent to fill those posts. A Single Judge quashed the reduction but the Division Bench reversed. The Supreme Court allowed the appeals: an advertisement binds like a statutory prescription and can be altered only by an amendment that satisfies Article 14, candidates acquire a vested right to be considered on its terms, and lowering cut-offs after the result for an extraneous reason is arbitrary; under Article 142 the selected private respondents may be accommodated in their reserved categories as new entrants.

Issues

  1. Whether the Selection Committee could, after publication of results, reduce the cut-off marks fixed in the advertisement in order to fill posts under horizontal reservation that would otherwise go to other eligible candidates under the advertisement's own terms.

Provisions considered

Held

Result

Appeals allowed without costs; Gujarat High Court Division Bench judgment dated 18.01.2021 in LPA Nos. 1496 and 1501 of 2019 set aside; the State and Selection Committee directed under Article 142 to consider accommodating the private respondents in their respective reserved categories against remaining vacancies, within the permissible percentage and subject to eligibility, without upsetting the appointments of the appellants and others similarly placed, the private respondents ranking as new entrants; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 2 S.C.R. 543.