Changing Recruitment Criteria Mid-Process: Supreme Court’s Stand in Tej Prakash Pathak v. Rajasthan High Court

Supreme Court’s Stand in Tej Prakash Pathak v. Rajasthan High Court
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Explore the Supreme Court’s ruling in Tej Prakash Pathak v. Rajasthan High Court, clarifying the legality of altering recruitment criteria during an ongoing selection process.

Introduction

Recruitment to public posts in India must follow principles of transparency, fairness, and equality.

In a significant judgment, the Supreme Court of India addressed whether authorities can modify eligibility or selection criteria after the recruitment process has already begun.

Background of the Case

The dispute arose from a recruitment notification issued by the Rajasthan High Court on September 17, 2009, for 13 Translator posts under the applicable service rules.

  • Postgraduate degree in English Literature
  • Three years of experience
  • Qualification through a written examination

Candidates applied and participated in the process based on these prescribed criteria.

Core Legal Issue

The controversy emerged when a 75% minimum cutoff was introduced in the written examination after the recruitment process had already commenced.

  • Only 3 out of 21 candidates qualified after the change
  • Candidates challenged the decision in court
  • Allegation of changing rules mid-selection

The petitioners argued that such a change violated Articles 14 and 16 of the Constitution, which guarantee equality and fairness in public employment.

Supreme Court’s Observations

  • Selection criteria must remain consistent throughout the recruitment process
  • Authorities cannot introduce new conditions after the process begins
  • Any mid-way change is arbitrary and unfair to candidates
  • Administrative decisions must be predictable and transparent

The Court emphasised that changing the “rules of the game” after the process has started violates constitutional principles of fairness and equality.

Final Outcome

  • Mid-selection change in criteria held invalid
  • Recruitment process must follow original rules
  • Relief granted to affected candidates

Significance of the Judgment

  • Protects candidates from arbitrary recruitment changes
  • Reinforces constitutional safeguards under Articles 14 and 16
  • Ensures transparency in public employment
  • Establishes precedent for future recruitment disputes

Case Details

Case Title: Tej Prakash Pathak v. Rajasthan High Court (2024)

Court: Supreme Court of India

Conclusion

This ruling reaffirms that recruitment processes must remain fair, transparent, and rule-based from start to finish.

By prohibiting post-notification changes in eligibility criteria, the Supreme Court has strengthened legal protections for candidates and upheld the integrity of public recruitment systems in India.

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