Supreme Court Judgement on Rules of Public Service Recruitment

About SC Judgement on Rules of Recruitment

• No Changes Midway Through Recruitment Process: The process of selection and appointment for selecting candidates, cannot be altered after the recruitment process has begun.
• Principles of Equality and Non-Discrimination:
  • Laws, rules and procedures for recruitment to public services—both for the Union and States—must align with the fundamental principles of equality and non-discrimination under Articles 14 (right to equality) and 16 (equal opportunity in public employment) of the Constitution.
  • Any changes to the eligibility criteria must also satisfy the test of non-arbitrariness, ensuring that the process remains fair and just.
• No Right to Appointment Despite Selection: Even if a candidate is placed on the select list, it does not guarantee an indefeasible right to be appointed to the position, even if vacancies are available.
  • However, State or its instrumentalities cannot arbitrarily deny appointment to a selected candidate. It would be the State’s responsibility to justify such a denial.

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