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SUPREME COURT OF INDIA
Dr. Dhananjaya Y. Chandrachud, CJI., Hrishikesh Roy, Pamidighantam Sri Narasimha, Pankaj Mithal, Manoj Misra, JJ.
Tej Prakash Pathak & Ors. – Appellants
Versus
Rajasthan High Court & Ors. – Respondents
Civil Appeal No. 2634 of 2013 With Civil Appeal No. 2635 of 2013 Civil Appeal No. 2636 of 2013
Decided On : 07-11-2024
Key Points: - The recruitment process starts with advertisement and ends with filling vacancies. (!) - Eligibility criteria for placement in the select list cannot be changed midway; changes must align with extant rules/advertisement and satisfy non-arbitrariness under Article 14. (!) - The court affirms K. Manjusree doctrine that changing selection benchmarks after completion of the process is impermissible; but allows certain flexibility for procedure/benchmarks if set before commencement or per rules. (!) (!) - The State/instrumentality cannot arbitrarily deny appointment to a selected candidate; however placement in the select list does not confer indefeasible right to appointment. (!) (!) - Where rules are silent, administrative instructions may supplement; where rules cover the field, they must be followed. (!) (!) - The decision not to fill vacancies must be bonafide with regard to merit; upper standards may be applied but not retroactively. (!) (!) - Substantive conclusions: (1) recruitment process ends with filling vacancies; (2) eligibility for placement cannot be altered mid-process; (3) Manjusree vs. Subash Chander Marwaha are distinct on right to placement vs. appointment; (4) procedure for selection may be devised but must be transparent and non-arbitrary. (!) (!) (!)
JUDGMENT :
MANOJ MISRA, J.
The ideal in recruitment is to do away with unfairness1 [UNITED NATIONS HANDBOOK OF CIVIL SERVICE LAWS AND PRACTICES]
REFERENCE
1. A three-Judge Bench of this Court while accepting the salutary principle that once the recruitment process commences the State or its instrumentality cannot tinker with the “rules of the game” insofar as the prescription of eligibility criteria is concerned, wondered whether that should apply also to the procedure for selection. In that context, doubting the correctness of a coordinate Bench decision in K. Manjusree2 [K. Manjusree v. State of A.P., (2008) 3 SCC 512] for not having noticed an earlier decision in Subash Chander Marwaha3 [State of Haryana v. Subash Chander Marwaha, (1974) 3 SCC 220], vide order4 [Tej Prakash Pathak C Others v. Rajasthan High Court and Others, (2013) 4 SCC 540] dated 20 March 2013, it was directed that the matter be placed before the Chief Justice for constituting a larger Bench for an authoritative pronouncement on the subject.
THE FACTUAL CONTEXT FOR THE REFERENCE
2. The relevant facts giving rise to the reference are as follows:
(b) At the relevant time, ‘The Rajasthan High Court Staff Service Rules 2002’6 [2002 Rules] framed by the Chief Justice of the High Court under Article 229 (2) of the Constitution of India7 [Constitution] governed the appointments.
(c) Under the 2002 Rules, the Chief Justice of the High Court vide Office Order dated 5 December 2002, inter alia, specified the qualifications as well as the method of recruitment for the post of ‘Translator’ (Ordinary Scale) in the following terms:
| “TRANSLATORS (ORDINARY SCALE) Recruitment to the post of Translators (Ordinary Scale) shall be made on the recommendation of a Committee nominated by the Appointing Authority on the criteria of selection from amongst the graduate Upper Division Clerks or officials in equivalent or above grade but below the grade of Translators (Ordinary Scale), with Hindi or English Literature as one of the optional subject in Graduation or Lower Division Clerks with Hindi or English Literature as subject in post-graduation and having minimum experience of five years. COMPETITIVE EXAMINATION A qualifying examination shall be held to test the ability of the candidates of translation from English to Hindi and Hindi to English. | |
| Paper-I English to Hindi translation Paper-II Hindi to English translation | 100 marks 100 marks |
| Explanation: For the qualifying examination the officials appearing therein shall be given passages for translation from English to Hindi and Hindi to English from the judgment and records. Personal Interview: | |
| There shall be a personal interview of the candidate. | 50 marks |
| Note: A candidate who secures in aggregate 75% marks and minimum 60% marks in each paper shall only be called for interview.” | |
“TRANSLATORS
Recruitment shall be made from amongst the judicial assistants or junior judicial assistants having experience of 3 years by holding a test in English and Hindi translation. Candidates shall be given passages in English from the judgments and records and shall be asked to translate them into Hindi. Similarly passages in Hindi from the records or from some other books etc. shall be given and th
Eligibility criteria for recruitment cannot be altered after the process has commenced, ensuring fairness and adherence to constitutional principles.
(1) Appointment of District Judges – “No change in the rule midway” dictum has become an integral part of service jurisprudence – If precluding a candidate from appointment is in violation of recruit....
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
The court reaffirmed that qualifying and shortlisting criteria can be distinct, allowing administrative discretion in recruitment processes as long as they are transparently and reasonably applied.
Candidates participating in recruitment without protest cannot challenge undisclosed skill test criteria post-failure; uniform application negates arbitrariness; no right to relaxation or appointment....
Minimum qualifying marks must be obtained in each subject rather than an aggregate score; changes to recruitment criteria cannot be made after the process has commenced.
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