VidhiSangh

Supreme Court of India · 07/11/2024

TEJ PRAKASH PATHAK & ORS. versus RAJASTHAN HIGH COURT & ORS.

[2024] 12 S.C.R. 28 · 2024 INSC 847

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Summary

On a reference about the 'rules of the game' in public recruitment, a larger Bench held that K. Manjusree is good law and does not conflict with Subash Chander Marwaha. Manjusree concerns the right to be placed in the select list; Marwaha concerns the right to be appointed from it. Eligibility criteria for placement in the select list cannot be changed midway unless the rules or a rule-compliant advertisement permit it, and even then the change must be non-arbitrary. Benchmarks must be fixed before the relevant stage begins. Statutory rules bind the recruiting body, and selected candidates have no indefeasible right to appointment but cannot be denied it arbitrarily.

Issues

  1. Whether K. Manjusree v. State of A.P. lays down the correct law, given that it did not notice State of Haryana v. Subash Chander Marwaha.
  2. Whether the rules of the game on the method and manner of selection, as distinct from eligibility, can be changed after the recruitment process has begun.
  3. When the recruitment process begins and ends, and how far recruiting bodies may devise or supplement selection procedures.
  4. Whether a candidate placed in the select list has a right to be appointed.

Provisions considered

Held

Result

Reference answered in the terms stated; the appeals were directed to be placed before an appropriate Bench for decision in light of the answers, after administrative directions from the Chief Justice.

Judgment PDF: Supreme Court of India, [2024] 12 S.C.R. 28.