A recruitment advertisement allows authorities to set qualifying standards prior to evaluation, provided changes are transparently communicated and do not disadvantage participants.

JUDGMENT

ANIL KSHETARPAL, J.

1. Through the present batch of Writ Petitions filed under Articles 226 and 227 of the Constitution of India, the Petitioners assail the correctness of the common Order dated 08.09.2025 [hereinafter referred to as „Impugned Order‟] passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as „the Tribunal‟], whereby the Original Applications instituted by the Petitioners challenging the prescription of minimum threshold marks in Paper-III by the Council of Scientific & Industrial Research [hereinafter referred to as „CSIR‟] in Combined Administrative Services Examination-2023 [hereinafter referred to as „CASE-2023‟] were dismissed.

2. In essence, the Petitioners contend that the Respondent-CSIR acted arbitrarily and contrary to the terms of the Recruitment- advertisement by prescribing minimum qualifying marks for Paper-III after the commencement of the recruitment process, thereby altering the rules of the game mid-way. It is urged that such a prescription resulted in the exclusion of the Petitioners from consideration for the post of Section Officer („SO‟).

3. Hence, the issue that falls for consideration before this Court is whether the Respondent-CSIR was empowered under the Recruitment-advertisement to prescribe minimum threshold marks for Stage-II (Paper-III) of CASE-2023, and whether the prescription of such threshold marks vitiates the recruitment process as being arbitrary or contrary to settled principles governing public employment.

4. Since the issues raised in all the Petitions arise out of the same recruitment process, involve identical questions of law and fact, and challenge the same order of the Tribunal, they are being disposed of by this common judgment.

FACTUAL MATRIX:

5. In order to appreciate the controversy, it is necessary to briefly advert to the relevant facts.

6. The Respondent-CSIR, on 08.12.2023, issued Advertisement No.E-1/RC/2023/1 [hereinafter referred to as „Recruitment- advertisement‟], inviting applications for the CASE-2023 for filling 444 posts, comprising 76 posts of SO and 368 posts of Assistant Section Officer („ASO‟). As per the Recruitment-advertisement, the online application process commenced on 08.12.2023, and the last date for submission of applications was 12.01.2024.

7. Significantly, the aforesaid Recruitment-advertisement expressly stipulated that “Minimum threshold marks, wherever prescribed/required, would be decided by the Competent Authority”. It further stipulated that “The above process is suggestive only.”

8. The exercise consists of Stage-I and Stage-II. Paper-I and Paper-II in Stage-I and Paper-III in Stage-II were prescribed as common and compulsory papers, with further stages of interview for the post of SO and a Computer Proficiency Test for ASO.

9. The Stage-I (Paper-I and Paper-II) examination was conducted between 05.02.2024 and 20.02.2024. Thereafter, vide Notice dated 03.06.2024, the Respondent-CSIR declared the Stage-I results along with cut-off marks. The applicants were shortlisted for Stage-II (Paper-III), which was scheduled to be conducted on 07.07.2024.

10. Prior to the conduct of Paper-III of Stage-II, the Respondent- CSIR issued a Notice dated 28.06.2024 prescribing minimum qualifying marks for Paper-III, keeping in view the functional requirements of the post.

11. Thereafter, the Petitioners appeared in Stage-II (Paper-III) of the CASE-2023. Subsequently, on 02.