STATE OF BIHAR & ORS. versus MITHILESH KUMAR

STATE OF BIHAR & ORS. versus MITHILESH KUMAR

The recruitment norms in force at the start of the selection process govern that selection, and subsequent alterations operate prospectively unless expressly given retrospective effect. As the respondent had been selected under the existing norms, and a change in recruitment policy occurred only after selection commenced, the respondent's claim cannot be negated by the later policy change.

Parties
Petitioner: State of Bihar & Ors.; Respondent: Mithilesh Kumar
Jurisdiction
India
Judgment Date
19 August 2010
Procedural Posture
Special Leave Petition (civil) / Supreme Court Disposition Following Division Bench Judgment in LPA No. 844 of 2007, Affirming Single Judge Judgment in CWJC No. 447 of 2006
Outcome
Special Leave Petition Dismissed
Legal Topics
Appointment, Recruitment Policy, Prospective Application of Amended Rules
Service Law Administrative Law Appointment Recruitment Policy Prospective Application of Amended Rules

Case Brief

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Parties

State of Bihar & Ors.

Petitioner

Mithilesh Kumar

Respondent

Procedural Posture

Special Leave Petition (civil) / Supreme Court Disposition Following Division Bench Judgment in LPA No. 844 of 2007, Affirming Single Judge Judgment in CWJC No. 447 of 2006

Legal Issues

  1. 1 Whether altered recruitment norms can affect candidates selected under previous norms if the selection process commenced prior to policy change
  2. 2 Whether a selected candidate acquires an indefeasible right to appointment

Ratio Decidendi

The recruitment norms in force at the start of the selection process govern that selection, and subsequent alterations operate prospectively unless expressly given retrospective effect. As the respondent had been selected under the existing norms, and a change in recruitment policy occurred only after selection commenced, the respondent's claim cannot be negated by the later policy change.

Court Disposition

Special Leave Petition Dismissed

Orders

  • Supreme Court declines to interfere with Division Bench judgment dated 18th July, 2008, in LPA No. 844 of 2007, affirming Single Judge judgment dated 31st July, 2007, in CWJC No. 447 of 2006.
  • No order as to costs.