Supreme Court: Rules of Game Can't Change Mid-Process

Introduction

In the realm of service law, a pivotal question often arises: Can the rules of the game be altered during the process? This principle, rooted in Supreme Court jurisprudence, emphasizes the sanctity of recruitment and service rules once a process has commenced. Changing rules midstream—such as introducing new eligibility criteria or amending qualifications—can undermine fairness, natural justice, and candidates' legitimate expectations. The Supreme Court of India has consistently upheld that such alterations are generally impermissible unless explicitly retrospective or non-prejudicial. This blog post delves into key judgments, doctrines, and exceptions, drawing from authoritative sources to provide clarity for candidates, employers, and legal professionals.

This analysis is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer for specific cases.

Principle of Non-Retroactivity in Ongoing Recruitment

The cornerstone of service jurisprudence is that amendments to recruitment or service rules are prospective unless explicitly stated otherwise. Once a recruitment process starts, rules in place at commencement govern the entire process to ensure stability and equity. The Supreme Court has stressed that mid-process changes invite strict judicial scrutiny to avoid prejudice.

In a notable ruling, the Court reaffirmed: once the recruitment process has commenced, the rules governing that process cannot be changed midstream. [