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2026 Supreme(SC) 26

SUPREME COURT OF INDIA
J.K. MAHESHWARI, VIJAY BISHNOI, JJ.
Abhay Kumar Patel and Others – Appellants
Versus
State of Bihar and Others – Respondents
Civil Appeal No. 54 of 2026 [Arising Out of Special Leave Petition (C) No. 22323 of 2023]
WITH
Uttam Kumar and Others – Appellants
Versus
The State of Bihar and Others – Respondents
Special Leave Petition (Civil) No. 8231 of 2025
Decided On : 06-01-2026

Advocates Appeared:
For the Appellants : Manoj Kumar Srivastava, Akshansh Harsh, Kaveeta Wadia, Shashank Tripathi, Nitin Nautiyal
For the Respondents: Anshul Narayan, Vineeta Singh, Ashutosh Chaturvedi, Anshuman Harsh, Prem Prakash, Navin Prakash, Srishti Prakash, Smarhar Singh, Shweta Kumari, Pankaj Prakash, Manoj Kumar, Mohd Asim, Tarun Walia

IMPORTANT POINTS
(1) Appointment – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached.
(2) Appointment – Participation in a recruitment process or mere placement on merit list does not create indefeasible right to appointment – However, once a candidate has cleared written examination and found place in merit list based on announced criteria in line with extant Rules and advertisement, legitimate expectation arises that selection will be finalized based on criteria which was advertised at the time of initiation of recruitment process.

Headnote:

(A) Service Law – Appointment – [Bihar Engineering Services Class-II Recruitment Rules, 2019 – Rule 8(5)] – Suitability of candidates for the purpose of appointment as per 2019 Rules has to be determined only as per marks obtained in written examination – Selection was to be based solely on marks obtained in written examination – There was no mention of weightage or age relaxation for contractual experience – Even if relevant rules permit competent authority to set benchmarks at different stages of recruitment process, same must be done at any time before relevant stage is reached – Issuance of 2022 Amendment Rules, introducing Rule 8(5) with retrospective effect from 06.03.2019, attempts to rewrite rules of game which has already begun – By reducing weightage of written examination to 75 marks and introducing 25 marks for contractual experience, State has fundamentally altered basis of selection and changed ‘eligibility criteria for being placed in merit list’ which is not permissible – Even assuming that 2022 Amendment Rules are policy decisions of State, they cannot be implemented in a manner that violates fundamental right to equality under Article 14 and 16 of Constitution of India by changing selection criteria after selection process has already begun – Retrospective application of Rule 8(5) of 2019 Rules, as introduced by 2022 Amendment Rules, cannot be sustained – Impugned judgment and order passed by High Court of Judicature at Patna in CWJC No. 18302 of 2022 set aside – Respondents directed to finalize appointments based on merit lists published in June/July 2022, strictly following unamended 2019 Rules. (Paras 27, 29, 31, 35, 41, 42 and 44)

(B) Service Law – Appointment – Participation in a recruitment process or mere placement on merit list does not create indefeasible right to appointment – However, once a candidate has cleared written examination and found place in merit list based on announced criteria in line with extant Rules and advertisement, legitimate expectation arises that selection will be finalized based on criteria which was advertised at the time of initiation of recruitment process – Changing eligibility criteria for placement in merit list, after conclusion of written examination for that purpose, contrary to extant rules prevalent at the time of advertisement, cannot be justified on this basis. (Paras 37 and 40)

Facts of the case:

Dispute in present case is with respect to retrospective application of an amendment to Bihar Engineering Services Class – II Recruitment Rules, 2019, specifically introduction of Rule 8(5), whereby weightage for prior contractual work experience was introduced after selection process comprising written examination had initiated and provisional merit list had already been published.

Findings of Court:

State has made appointments pursuant to impugned judgment of High Court which stands set aside, however, their services may be dispensed with, in accordance with law. Directions as issued shall not have any adverse impact if State of Bihar wishes to continue services of persons appointed as above, if they are deemed fit, on vacancies available, if any, or by creating supernumerary posts without affecting the merit list.

Result : Appeal allowed.

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The Rules for appointment and recruitment processes must be adhered to strictly, and any benchmarks or criteria set by the competent authority should be established before the relevant stage of the process is reached (!) .

  2. Participation in a recruitment process or being placed on a merit list does not confer an indefeasible right to appointment. However, once a candidate has successfully cleared the written examination and has been included in the merit list based on criteria announced at the start of the process, a legitimate expectation arises that the final appointment will be made following those announced criteria (!) (!) .

  3. The eligibility of candidates for appointment, especially in the context of the 2019 Rules, is determined solely based on marks obtained in the written examination. Any subsequent changes to the selection criteria, such as introducing weightage for contractual experience or age relaxations after the examination and publication of merit lists, are impermissible if they alter the fundamental basis of the selection process (!) (!) .

  4. The retrospective application of amendments or rules that modify the eligibility criteria after the recruitment process has commenced and candidates have participated or been shortlisted is not permissible. Such changes should be made prior to the start of the process or before relevant stages are reached (!) (!) .

  5. The process of recruitment is initiated with advertisements that specify the eligibility and selection criteria at that time. Any subsequent amendments that change these criteria after the process has begun, especially when candidates have already qualified based on the original rules, violate principles of fairness and the rights of the participating candidates (!) (!) .

  6. The authority has the power to amend rules under the constitutional provisions, but such amendments cannot be applied retrospectively in a manner that disrupts or alters the outcome of an ongoing recruitment process or takes away vested rights of candidates who have already participated under the existing rules (!) (!) .

  7. Changes in rules or criteria that are introduced after the initiation of the recruitment process should be implemented before the relevant stages are reached, and not after the process has significantly progressed or concluded, to prevent arbitrariness and ensure transparency (!) (!) .

  8. The participation of candidates and their placement on merit lists do not create an automatic right to appointment. The final appointment depends on the fulfillment of criteria and the completion of the process in accordance with the rules that were in effect at the time of initiation (!) (!) .

  9. The authority’s decision to incorporate new criteria or amendments must be consistent with constitutional principles of equality and non-arbitrariness, and should not unfairly prejudice candidates who have participated in the process based on the original criteria (!) .

  10. The finalization of appointments should be based on the rules and criteria that were in place at the time the recruitment process was initiated, and any deviation from this principle can lead to invalidation of the process or the need to re-conduct the selection as per the original rules (!) .

  11. The Court emphasizes that the power to amend rules, including retrospective amendments, is subject to constitutional limitations and cannot be exercised to arbitrarily change the outcome of a recruitment process that has already reached its advanced stages or concluded with a merit list (!) (!) .

  12. The Court has directed that the final appointment process should be completed in accordance with the original unamended rules, and the merit list should be finalized accordingly, ensuring fairness and adherence to the initial criteria (!) .

  13. The ongoing legal challenges regarding the retrospective application of amendments and the validity of the rules will be further examined by the High Court, which is instructed to decide on the merits of the related writ petitions (!) .

These points collectively underscore the importance of adhering to the rules and criteria in place at the commencement of a recruitment process and caution against retrospective amendments that could unfairly alter the eligibility and merit of participating candidates.


JUDGMENT :

J.K. MAHESHWARI, J.

Civil Appeal No...........of 2026

1. Leave granted.

2. Assailing the final judgment and order dated 05.07.2023 passed in CWJC No. 18302 of 2022 by the High Court of Judicature at Patna (hereinafter referred to as “High Court”) dismissing the writ petition filed by the appellants, the present appeal has been preferred.

3. The dispute in the present case is with respect to the retrospective application of an amendment to the Bihar Engineering Services Class-II Recruitment Rules, 2019 (hereinafter referred to as “2019 Rules”) specifically the introduction of Rule 8(5), whereby weightage for prior contractual work experience was introduced after the selection process comprising the written examination had initiated and the provisional merit list had already been published.

4. The appellants had preferred the Writ Petition challenging the retrospective application of the Bihar Engineering Service Class-II Recruitment (Amendment) Rules, 2022 vide Notification No. Sec. 02/Estt.-Appointment-01-01/2019-5565(S) (hereinafter referred to as “2022 Amendment Rules”) dated 09.11.2022, issued by the Road Construction Department, Government of Bihar, which amended the 2019 Rules with retrospective date i.e. 06.03.2019.

5. The Division Bench of the High Court dismissed the writ petition, observing that the issuance of the 2022 Amendment Rules was a policy decision of the State to grant weightage to contractual employees and that the appellants had no indefeasible right to appointment merely because of inclusion of their names in the merit list, and as such, retrospective application of the said amendment would not be illegal. Hence, the present appeal.

FACTS IN BRIEF

6. Prequel to the present litigation, the Road Construction Department, Government of Bihar, notified the 2019 Rules vide Notification No. 02/Estt.-Appointment-01-01/2018-3042(S) dated 06.03.2019. These rules were promulgated by the State Government in exercise of powers conferred under Article 309 of the Constitution of India, to govern the recruitment to the post of Assistant Engineers in various departments. Rules 8, 9, 12 and 13 of the said Rules are relevant for the said purpose, and are reproduced as under:

    “8. Candidate:

    (1) shall be of such age as may be notified by the Governor.

    (2) shall be of good conduct.

    (3) shall be of good health and not of unsound mind.

    (4) (i) Shall be degree holder of Civil/Mechanical/Electrical Engineering from any Indian University/Institute (AICTE Approved).

    (ii) Only regular technical courses Degree obtained from any Deemed Universities duly recognized by University Grants Commission shall be valid and in technical courses degree conducted through distance education shall not be entertained.

    (iii) Must be an Associate Member of the Institution of Engineers or must have passed ‘A’ and ‘AA’ from any of the branches of the Institution of Engineers or must have passed A’ and ‘AA’ from an Institution recognized by the Institution of Engineers India:

    Note:

    (1) A person who is in Government service in a temporary or officiating capacity or on probation shall be eligible to apply for direct recruitment under the provisions of this rule.

    (2) Save the following persons, no person confirmed in Government service, shall be eligible:

    (a) Members of the Lower Engineering Services.

    (b) Members of other services possessing the qualifications specified in clause (4) shall be eligible for appointment by promotion or transfer in accordance with the procedures laid down in Part III of these Rules.

    xxx xxx xxx xxx xxx

    9. (a) Every year, as appropriate, the Commission will declare vacancies to be filled by direct recruitment in this service on the basis of results of the competitive examination and will invite applications only from the candidates for appointment under Rule 5 and 6. The examination will be conducted according to the syllabus specified in the schedule appended to these rules, which will be changed from time to time by the Commission with t

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