VidhiSangh

Supreme Court of India · 06/01/2026

ABHAY KUMAR PATEL & ORS. versus STATE OF BIHAR & ORS.

[2026] 2 S.C.R. 62 · 2026 INSC 24

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Summary

Recruitment of Assistant Engineers under Bihar's 2019 Rules was by written examination alone. After the examination, the provisional merit lists and document verification, the State inserted Rule 8(5) with retrospective effect, giving up to 25 marks and age relaxation for contractual experience. The Supreme Court held that the rules of the game could not be changed once the selection had reached that stage, and directed that the process be completed under the unamended 2019 Rules.

Issues

  1. Whether the 2022 Amendment Rules inserting Rule 8(5), with retrospective effect from 06.03.2019, could apply to recruitment under the 2019 advertisements after the written examination was held and provisional merit lists were published.
  2. Whether the provisional nature of the merit list, or the absence of an indefeasible right to appointment, justified changing the selection criteria midway.
  3. Whether executive memos of 2018 and 2021 providing weightage for contractual service could justify the change.

Provisions considered

Held

Result

Civil Appeal allowed and the High Court's judgment of 05.07.2023 set aside. The 2019 selection is to be finalised under the unamended 2019 Rules on the June/July 2022 merit lists within two months. Appointments made under the High Court's judgment may be ended in accordance with law, or the State may continue those found fit against available vacancies or supernumerary posts without affecting the merit list. SLP (C) No. 8231 of 2025 is disposed of with a direction to the High Court to decide the challenge to the vires of Rule 8(5) on merits, with all contentions open. No costs.

Judgment PDF: Supreme Court of India, [2026] 2 S.C.R. 62.