VidhiSangh

Supreme Court of India · 09/11/2023

ANKITA THAKUR & ORS. versus THE H.P. STAFF SELECTION COMMISSION & ORS.

[2023] 16 S.C.R. 813 · 2023 INSC 992

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Summary

The Supreme Court held the mid-process relaxation of qualifications for Himachal Pradesh Junior Office Assistant recruitment legally unsustainable because it was not advertised with an opportunity for similarly placed candidates to apply. It set aside directions to redraw the Post Code 556 list and segregate vacancies from Post Code 817. Appointments already made under Post Code 447 were exceptionally protected on the stated circumstances; later vacancies required fresh recruitment.

Issues

  1. Whether essential qualifications could be relaxed after the application deadline without publicity and a fresh opportunity to compete.
  2. Whether allegedly higher qualifications automatically met the advertised requirements.
  3. What relief was appropriate for the three recruitment exercises and existing appointees.

Provisions considered

Held

Result

Appeals disposed of without costs. Relaxation held unsustainable for Post Codes 447 and 556; directions to redraw the 556 list and segregate 817 seats set aside, as were appointments made by taking aid of those directions. Existing 447 appointments protected; 817 recruitment to follow the 2020 Rules. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 813.