AI Overview...
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Rules of the game in selection processes - The principle that rules cannot be changed mid-process is consistently upheld. Courts have emphasized that altering rules during ongoing recruitment or tendering processes violates fairness and legality unless explicitly permitted or properly amended with due process. For instance, in Jyoti Kumar VS Union Of India - Patna, the court found that respondents were not authorized to modify advertisement rules without a corrigendum, rendering any changes unlawful. Similarly, Kailash Chandra Meena VS Rajasthan Public Service Commission through its Secretary - Rajasthan clarified that issuing a corrigendum does not constitute changing rules mid-process if it continues the original advertisement.
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Legal stance on amendments during ongoing processes - Amendments made after commencement of a selection process are generally deemed invalid unless they follow proper legal procedures. As seen in Mohan Lal Bhatt VS State of Uttarakhand - Uttarakhand, amendments post-initiation do not affect ongoing recruitment if they are not legally sanctioned. Courts have held that retrospective rule changes are impermissible, as highlighted in Kanti Kumari VS State of Jharkhand - Jharkhand, which directs authorities to allow candidates to continue based on original rules.
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Exceptions and interpretations - In some cases, courts have distinguished between raising the bar (which may be permissible) and changing rules outright. For example, State Bank of India VS Praveen Kumar - Patna notes that raising minimum qualifying marks during the process is not considered changing rules but a permissible adjustment, provided it does not alter the fundamental criteria.
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Impact of procedural violations - Violating the principle of non-change in rules often leads to quashing or halting the process, ensuring fairness. As in Orient Blackswan Pvt. Ltd. VS Sandip Nayak - Calcutta, altering tender terms after receipt of offers was deemed illegal, emphasizing that rules should remain consistent throughout.
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Constitutional and statutory considerations - Under Article 141 of the Indian Constitution, the rules of the game are protected, and any deviation without due process is unconstitutional, as discussed in Pankaj Kumar Pandey @ Pankaj Pandey VS State of Jharkhand - Jharkhand. Courts have also referenced the Right to Information Act and Recruitment Rules to reinforce the importance of transparency and adherence to established procedures (Dinesh Kumar Singh, Son of Shri Akhand Pratap Singh VS State of Jharkhand - Jharkhand).
Analysis and Conclusion:
The overarching legal principle derived from these sources is that rules of the game cannot be changed in the midst of a selection or tendering process unless explicitly authorized and procedurally correct. Any unilateral or improper amendments compromise fairness, legality, and transparency, often leading to legal challenges and nullification of the process. The consistent stance underscores the importance of maintaining the integrity of recruitment procedures and adhering strictly to the original rules unless validly amended through lawful procedures.
References:
- Jyoti Kumar VS Union Of India - Patna, Kailash Chandra Meena VS Rajasthan Public Service Commission through its Secretary - Rajasthan, Mohan Lal Bhatt VS State of Uttarakhand - Uttarakhand, Kanti Kumari VS State of Jharkhand - Jharkhand, Orient Blackswan Pvt. Ltd. VS Sandip Nayak - Calcutta, Pankaj Kumar Pandey @ Pankaj Pandey VS State of Jharkhand - Jharkhand, Dinesh Kumar Singh, Son of Shri Akhand Pratap Singh VS State of Jharkhand - Jharkhand, State Bank of India VS Praveen Kumar - Patna
Search Results for "Game Rules Midst"
2013 0 Supreme(Pat) 261 • India - Patna
BIRENDRA PRASAD VERMA
of game in the midst of selection process and that too without giving any information/knowledge to all the candidate including the ... for modification/correction of advertisement issued and in absence of the same the respondents were not authorized to change the rules ... In view of the factual conclusions recorded above, and in absence of any corrigendum for modification/correction of the advertisement dated 19.8.2005 (Annexure-1), this Court is of the considered opinion that respondents 1 to 4 were not legally authorized to change the ....
2013 0 Supreme(Raj) 1128 • India - Rajasthan
MOHAMMAD RAFIQ
of the game. ... The court held that the RPSC's corrigendum was issued in continuation of the earlier advertisement and was not a change in the rules ... In the light of these facts, it cannot be said that the respondents have changed the rules of game in the midst of the process of selection. ... Learned counsel for petitioners submitted that issuance of the corrigendum now would tantamount to changing the rule of game in the midst of process of selection and would ....
2023 0 Supreme(UK) 317 • India - Uttarakhand
MANOJ KUMAR TIWARI
does not amount to changing the rules of the game in the midst of the selection process. ... does not amount to changing the rules of the game in the midst of the selection process. ... Rules] - [Eligibility Criteria] - [No. 338 of 2022, Recruitment Rules, 2020, Amendment Rules, 2021] - The court considered the amendment ... It is contended that amendment made after commencement of process cannot affect the ongoing selection as it w....
2020 0 Supreme(Jhk) 87 • India - Jharkhand
S.N.PATHAK
Service Law - Dismissal from Service - Any Rule cannot be given retrospective effect - Rules of game cannot ... be changed in midst of selection process - Respondents directed to allow petitioners to continue to work on the post of Chaukidar ... It is also well settled law that rules of the game cannot be changed in the midst of selection process’. ... It has been repeatedly held by this Court that the rules of the game, meaning thereby, that the cri....
• India - Calcutta
MANJULA CHELLUR, JOYMALYA BAGCHI
of the game cannot be changed in the midst of the tendering process. 3. ... decision to alter the terms of the tender after offers had been received was illegal because it violated the principle that the rules ... It is trite law that rules of the game cannot be changed in the midst of the tendering process and in the instant case such charge of terms of tender as reflected in the points of consideration and the consequential decision taken thereon is liable to be quashed on this groun....
2019 0 Supreme(Jhk) 662 • India - Jharkhand
H.C.MISHRA, DEEPAK ROSHAN
of the game' cannot be changed in the midst of selection process, is still in force under Article 141 of Constitution of India, ... of game' have been changed by State Government in midst of selection process, without following due process of law, and which State ... done in present case—This is a mandatory Constitutional requirement—Unless law is settled otherwise by Larger Bench, law that 'rules ... of the game' in the midst of the selection process. ... of the #HL_....
2020 0 Supreme(Jhk) 777 • India - Jharkhand
RAVI RANJAN, SUJIT NARAYAN PRASAD
Right to Information Act, 2005 - Constitution of India, 1950 - Article 226 - Jharkhand Judicial Service (Recruitment) Rules ... Rajsthan High Court and Ors. reported in (2013) 4 SCC 540 on the ground that according to him, the rules of game in the present facts and circumstances of the case, has been changed in the midst of the recruitment process. ... Tandon, learned counsel for the appellant about applicability of the judgment with respect to the issue as to whether the rules of game....
2017 0 Supreme(Pat) 1093 • India - Patna
AJAY KUMAR TRIPATHI, RAJEEV RANJAN PRASAD
more than minimum required level and having been placed sufficiently high on the basis of aggregate marks in objective test – In midst ... In that background, a view was taken that it was a case of raising bar and not of changing the rules of game in the midst of the selection process. The ratio of the said judgment would not apply in the facts of the present case. ... The learned Single Judge considered the submissions and upheld the contention of the petitioner and held that introduction of minimum qualifying marks for....
2021 0 Supreme(Del) 2013 • India - Delhi
JYOTI SINGH
The term 'written test' prescribed in the Recruitment Rules cannot connote only a descriptive test, as alleged by the Petitioner. ... impugned action of dispensing the descriptive test and reducing the interview marks was arbitrary or violative of the Recruitment Rules ... impugned action of dispensing the descriptive test and reducing the interview marks was not arbitrary or violative of the Recruitment Rules ... In my view, the said judgments do not come to the rescue of the Petitioner as there is no change in the rules#HL_END....
2018 0 Supreme(Jhk) 164 • India - Jharkhand
PRAMATH PATNAIK
Act, 2005 - [Rules of Procedure, 2002, Articles 14 and 16 of the Constitution of India, R.T.I. ... The petitioner failed to demonstrate arbitrariness or violation of the Rules of Procedure, 2002. ... The respondents argued that the selection process was fair and based on the Rules of Procedure, 2002. ... In this respect, learned counsel for the petitioner submits that there is a long line of decisions by the Hon'ble Supreme Court that the rules of the game cannot be changed in the midst#HL_END....
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