The Supreme Court ruled on Thursday that the criteria for public sector job appointments cannot be altered during the recruitment process, unless explicitly permitted by existing rules. This significant ruling came from a five-judge Constitution bench, led by Chief Justice D Y Chandrachud, which clarified that the recruitment process begins with the publication of the advertisement and concludes once the positions are filled.
The bench emphasized that any modifications to the eligibility criteria during the selection process would violate the principles of transparency and fairness unless such changes are clearly specified in the initial advertisement or allowed by existing rules. The ruling reaffirmed that recruitment in the public sector must be free from discrimination and arbitrary decisions, aligning with the core principles of the Indian Constitution.
Justice Manoj Misra, who delivered the verdict, highlighted that recruitment bodies must establish and follow clear procedures for selecting candidates, ensuring these processes are transparent, fair, and logically connected to the purpose of the recruitment. The decision also stressed that recruitment authorities must not unjustly delay or withhold appointments from qualified candidates when positions are vacant, ensuring consistency with the originally set recruitment goals.
In reinforcing this judgment, the bench also referred to a 2013 case in which a three-judge bench had addressed the issue of altering appointment criteria mid-selection. The bench referenced a 1965 ruling, which firmly prohibited such changes, underscoring the importance of maintaining consistent and predictable rules during recruitment.
The decision comes as a crucial reminder of the need for recruitment processes in public institutions to remain accountable and aligned with constitutional guarantees, particularly under Article 14, which ensures the right to equality and non-arbitrariness in state actions. The ruling will likely influence future recruitment policies and strengthen legal protections for candidates applying for public sector jobs.
In other notable rulings, the Supreme Court also issued an order for the liquidation of all assets owned by Jet Airways, overturning a decision by the National Company Law Appellate Tribunal (NCLAT) that had approved the transfer of the grounded airline to the Jalan Kalrock Consortium. This decision is likely to have significant implications for the aviation industry and the ongoing efforts to revive Jet Airways.
