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Patna High Court Judgement on Change of Selection Criteria at the End of Selection Process
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Change of Eligibility Criteria Midway - The Court emphasized that eligibility criteria notified at the start of the recruitment process should not be altered midway unless explicitly permitted by extant rules or the advertisement itself. Altering criteria after the process has commenced undermines fairness and violates principles of transparency Abhay Kumar Sinha, S/o Shri Manoranjan Prasad Sinha vs State of Bihar - Patna.
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Finality of Selection Process - Once participants are aware that the final selection depends on specific criteria (e.g., weightage to personal interview and CAT scores), the Court upheld the process as valid. It refused to interfere with the selection where the process was conducted as per the notified criteria, and the petitioners participated with knowledge of these rules Raghav Sanjay Gupta VS Indian Institute of Management Ahmedabad - Gujarat.
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No Retrospective Application of Rules - The Court rejected retrospective application of amended rules after the selection process had begun, affirming that such changes cannot be applied to ongoing selections unless rules explicitly allow. This preserves the integrity of the process and prevents arbitrariness Abhay Kumar Patel VS State of Bihar - Supreme Court.
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Legal Principles on Selection Validity - The Court reiterated that illegal deviations from prescribed eligibility criteria, especially those breaching constitutional guarantees under Article 14, warrant unwinding of such selections. However, where the process adhered to the notified criteria, courts generally refrain from interference Rahul Kumar S/o. Radheshyam Prasad VS State of Jharkhand through its Chief Secretary, Government of Jharkhand - Jharkhand.
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Role of Expert Bodies and Qualifications - Disputes over equivalence of degrees or qualifications are to be decided by expert bodies, not courts, emphasizing that judicial review is limited in technical qualification assessments unless rules are violated Bihar State Food and Civil Supplies Corporation Limited VS Pappu Kr. Pankaj, S/O Gopal Prasad (Roll No 109391) - Patna.
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No Unlawful Retrospective Changes - The Court found that amendments to rules made after the commencement of the process, especially retrospective ones, are not sustainable unless explicitly permitted, thus safeguarding against arbitrary rule modifications during ongoing selections Abhay Kumar Patel VS State of Bihar - Supreme Court.
Analysis and Conclusion
The Patna High Court’s judgments consistently underscore that selection criteria must be fixed at the outset of recruitment processes, and mid-process modifications are generally impermissible unless explicitly authorized by rules or advertisement. The Court also emphasizes the importance of transparency, fairness, and adherence to notified rules to uphold the legitimacy of selections. Changes introduced after the process begins, especially retrospective amendments, are viewed as illegal and liable to be set aside to prevent arbitrariness and ensure constitutional guarantees of equality and non-discrimination.
References: - Raghav Sanjay Gupta VS Indian Institute of Management Ahmedabad - Gujarat - Abhay Kumar Sinha, S/o Shri Manoranjan Prasad Sinha vs State of Bihar - Patna - Bihar State Food and Civil Supplies Corporation Limited VS Pappu Kr. Pankaj, S/O Gopal Prasad (Roll No 109391) - Patna - Rahul Kumar S/o. Radheshyam Prasad VS State of Jharkhand through its Chief Secretary, Government of Jharkhand - Jharkhand - Abhay Kumar Patel VS State of Bihar - Supreme Court
Search Results for "Patna High Court Judgement on Change of Selection Criteiria at the End of Selection Process"
2020 0 Supreme(Guj) 892 • India - Gujarat
VIKRAM NATH, J.B.PARDIWALA
set aside Respondent’s selection process whereby 50% weightage is given to personal interview and only 25% CAT score which is produced ... Once having participated in the admission process, being very much aware of the fact that the final selection would be based on a ... and High Court did not commit any error by refusing to entertain writ petition. ... Selection Process/Criteria 4. ... It is well settled that, when the s....
2004 0 Supreme(Pat) 617 • India - Patna
RAVI S.DHAVAN, SHASHANK KR.SINGH
If the circumstances and the exigencies so require that the process of recruitment, selection of teachers or the shortfall be made up by teachers who will be given in-service training, the plan should be given a kick start by considering the service of retired teachers who will man the position of elementary ... present a composite plan to take care of the defaulting situation of the last 14 years and after following the judgment of the Supreme Court affirming judgment of the High #HL_....
2025 Supreme(Online)(Pat) 788 • India - IN THE HIGH COURT OF JUDICATURE AT PATNA
HARISH KUMAR
[(2008) 3 SCC 512] , laid down good law “that the eligibility criteria for being placed in the select list, notified at the commencement of the recruitment process, cannot be changed midway through the recruitment process unless the extant Rules so permit, or the advertisement ... be changed midway through the recruitment process unless the extant Rules so permit, or the advertisement, which is not contrary to the extant Rules, so permit. ... as well as after initiation of the #HL_STAR....
2021 0 Supreme(Pat) 90 • India - Patna
PARTHA SARTHY, SHIVAJI PANDEY
Finding of the court: Court already held hereinabove that granting of equivalence to any degrees does not ... fall within the domain of Court, but it lies to Expert Body, and it is better for Court to keep away or refrain from embarking on ... Equivalent certificates - Qualification - Corporation has reconsidered the case of writ petitioners as per the direction issued by this Court ... We are not disputing the fact that in the matter of selection of candidates, opinion of the #HL_STA....
2021 0 Supreme(Jhk) 160 • India - Jharkhand
SANJAY KUMAR DWIVEDI
Courts - High Courts must unwind illegal selections or deviations from prescribed eligibility criteria that breach Article 14 guarantees ... Commission Examination - Writ petitions concerning the 6th Combined Civil Service Examination where the petitioners challenged the selection ... process and merit list on grounds of improper application of qualifying criteria and marks addiction - Paper-I deemed a qualifying ... Jasmine Kaur, it was held that a candidate who takes a calculated ris....
2011 0 Supreme(Pat) 1147 • India - Patna
R.M.DOSHIT, JYOTI SARAN
The State of Bihar amended the eligibility criteria to maintain parity with Central Government Schools. ... Constitution - Promotion Eligibility Criteria - Bihar Nationalised Secondary Schools - 1983 Rules - Summary of Acts and Sections ... Finding of the Court: The court rejected the challenge to the constitutional validity of the amended Rules, stating ... JUDGEMENT ... R.M.Doshit, J. ... 1. ... There is no room to dispute the propositions that an enactment or a statutory rule, unless made retrospe....
1994 0 Supreme(AP) 19 • India - Andhra Pradesh
S.PARVATHA RAO
process. ... The court held that the selection process for Class-II Officers of the common cadre of key personnel of Co-operative central Banks ... process. ... They also contend that after the selection process commenced Policy changes cannot be made so as to affect the ongoing selections. ... as Class-II Officers i. e. , after the selection process commenced. ... As already pointed out earlier, ....
2026 0 Supreme(SC) 26 • India - Supreme Court
J. K. MAHESHWARI, VIJAY BISHNOI
Amendment Rules, cannot be sustained – Impugned judgment and order passed by High Court of Judicature at Patna in CWJC No. 18302 ... criteria after selection process has already begun – Retrospective application of Rule 8(5) of 2019 Rules, as introduced by 2022 ... Findings of Court: State has made appointments pursuant to impugned judgment of High ... Rajasthan High Court and O....
1978 0 Supreme(Pat) 80 • India - Patna
MADAN MOHAN PRASAD, BIRENDRA PRASAD SINHA, S.SARWAR ALI, S.K.JHA, LALIT MOHAN SHARMA
High Court Rules Ch. ... people-Certain seats to be filled by nomination-Art. 15 not attracted-Government can regulate admissions provided the rules of selection ... Constitution of India Art. 14 & 15-Principles applicable for reservation-Reservation not an end but a means-Extent of the reservation ... In any case, from that very judgement of the Supreme Court it appears that in the first instance the court had not struck down the selections "in view....
1995 0 Supreme(SC) 66 • India - Supreme Court
B.L.HANSARIA, KULDIP SINGH
tenure - Court do not wish to reverse process to give benefit to appellant only for a short period –Appellant shall be entitled ... has been defined under Rules, but said definition has been specifically confined to election in accordance with Rules - Election ... under Rule 2(xvi) read with Rules 21-B to 21-X only means election as provided under Rules by way of ballot - Expression election ... The appellant and Respondents 5 to 12 challenged the order of the State Government dated 5-....
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