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2026 Supreme(Online)(Chh) 10275

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Rakesh Kumar Dewangan – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 513 of 2023 | WPS No. 2021 of 2023

Advocates:
For the Appellants/Petitioners: Ajay Shrivastava, Vinod Kumar Sharma, GP Mathur
For the Respondents: Sangharsh Pandey, Ramnarayan Sahu, N Naha Roy

A candidate has no vested right to be considered for appointment under repealed rules; the selection process is governed by the rules in force at the time of consideration, provided the amendment is rational, non-arbitrary, and does not alter the essential eligibility criteria of selection.

Headnote:(A) Chhattisgarh Commercial Tax Class-III Executive Recruitment and Condition of Service Rules, 2022 - Clause 17 - Repeal and Savings - Recruitment process initiated under earlier Rules of 1966 - New Rules notified midway - Validity of shift in marking criteria for Annual Confidential Reports (ACR) - Held, candidate has no vested right to be considered under repealed rules; rules in force on date of consideration prevail unless arbitrary or discriminatory. (Paras 11, 17, 18)

(B) Recruitment Process - Change of rules midstream - Marking scheme for ACRs - Whether qualifies as changing the 'rules of the game' - Refinement of marking parameters to distinguish 'Excellent' from 'Very Good' - Held, modification serves merit-based selection and is not arbitrary; no prejudice demonstrated by petitioners. (Paras 19, 20)

Facts of the case:
Petitioners, clerical grade employees, challenged the select list dated 01.07.2022 for the post of State Tax Inspector. They contended that while the selection process commenced on 28.04.2022 under the 1966 Rules, the respondents applied new marking criteria for ACRs introduced by the 2022 Rules notified on 19.05.2022, thereby vitiating the process.

Findings of Court:
The Court held that the new Rules of 2022 explicitly repealed the 1966 Rules. Applying the principle that recruitment is governed by rules in force at the time of consideration, the Court found no illegality in applying the updated marking criteria, which were rationally designed to improve merit-based selection.

Issues: Whether the amendment of marking criteria during a pending recruitment process violates the settled principle against 'changing the rules of the game' and whether the petitioners have a vested right to be considered under the repealed 1966 Rules.

Ratio Decidendi: A candidate has no vested right to be considered under repealed rules, and the State may apply rules in force at the time of consideration provided they are not arbitrary. Refinement of marking parameters to better distinguish candidate merit does not constitute an illegal change of the 'rules of the game'.

Result: Petitions dismissed.

Table of Content
1. consolidation of petitions challenging selection processes initiated under repealed rules. (Para 1 , 2 , 3 , 4)
2. arguments against changing selection criteria after commencement of the process. (Para 5 , 6 , 7 , 8)
3. arguments justifying the application of new rules to ongoing recruitment. (Para 9 , 10 , 11 , 12 , 13 , 14)
4. no vested right for candidates to be considered under repealed rules. (Para 15 , 16 , 17 , 18)
5. rational modifications to marking criteria do not violate fair recruitment principles. (Para 19 , 20 , 21 , 22 , 23)

For Petitioners	Shri Ajay Shrivastava, Shri Vinod Kumar Sharma and Shri GP Mathur, Advocates.
For State/Res	Shri Sangharsh Pandey, GA and Shri Ramnarayan Sahu, Dy GA.
For Respondent Nos 3 to 23 in WPS No.2021/2023	Shri N Naha Roy, Advocate.

Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

01/04/2026

1. Since the issue involved in both the petitions is one and the same, they are being disposed of by this common order.

2. Challenge in these petitions has been made to the impugned select list dated 01.07.2022 (Annexure P/1) passed by the office of Commissioner State Tax Chhattisgarh, Raipur whereby leaving out the petitioners, private respondents have been declared to be appointed as State Tax Inspector.

3. By way of these Writ Petitions, the petitioners have prayed for the following reliefs:-

(i) That, this Hon'ble Court may kindly be pleased to quash/set-aside impugned selection list dated 01.07.2022 (Annexure P-1) and appointment order dated 01.07.2022 (Annexure P-2), in the interest of justice.

(ii) That, this Hon'ble Court may kindly be pleased to direct the respondent authorities may first issue merit list and then only after inviting and considering objection final selection list may be issued immediately as per Rules 1966, in the interest of justice.

(iii) Any other relief which may be suitable in the facts and circumstances of the case, may also be granted.

4. For the purposes of disposal, facts pleaded in WPS No.513 of 2023 are referred to.

4A. The advertisement was issued on 28.04.2022 for departmental candidates inviting applications for the post of State Tax Inspector and written examination was held on 26.06.2022. As per condition no. 2 enumerated in the advertisement, the recruitment was to be done in accordance with Schedule-IV of C.G. Subordinate Class-III Executive Recruitment Rules 1966 (hereinafter “Rules, 1966”), from the clerical grade on the post of State Tax Inspector. As per schedule-IV of Rules 1966, the selection was to be made by adding marks obtained in the written examination and valuation of last 5 years confidential report. As per clause V (2) of Schedule IV, 20 numbers was to be given for confidential report of each year as for Excellent very good-20 numbers, Good-15 numbers, Average-10 numbers. The petitioners who are clerical grade employee as mentioned in the cause title are having more than 5 years of experience also appeared in the examination. However, without declaring the merit list directly selection list has been issued on 01.07.2022 selecting 21 private respondents and even no waiting list was published. Thereafter, on the same date i.e. 01.07.2022, appointment order have also been issued in favour of the private respondents. It is noteworthy to mention that after commencement of the recruitment process, the State Government had notified new Rules on 19.05.2022 namely Chhattisgarh Commercial Tax Class-III Executive Recruitment and Condition of Service Rules 2022 (hereinafter “Rules, 2022”). The method of awarding marks on the basis of confidential report was changed in the new rules as for Excellent-20, Very good -16, Good-12, Average -08. The petitioners came to know that the recruitment process was completed on the basis of New Rules of 2022 and not on the basis of Rules 1966. As per information, written examination was conducted on 26.06.2022 as per earlier Rules 1966 and numbers of Confidential Report was granted t

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2026 Supreme(Online)(Chh) 10275

IN THE HIGH COURT OF CHHATTISGARH AT BILASPURAmitendra Kishore Prasad, JRakesh Kumar Dewangan – AppellantVersusState Of Chhattisgarh – RespondentWPS No. 513 of 2023 | WPS No. 2021 of 2023

A candidate has no vested right to be considered for appointment under repealed rules; the selection process is governed by the rules in force at the time of consideration, provided the amendment is rational, non-arbitrary, and does not alter the essential eligibility criteria of selection.

Cases Referred (5)

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Amitendra Kishore Prasad, J
Rakesh Kumar Dewangan – Appellant
Versus
State Of Chhattisgarh – Respondent
WPS No. 513 of 2023 | WPS No. 2021 of 2023