TEJ PRAKASH PATHAK & ORS. versus RAJASTHAN HIGH COURT & ORS.

TEJ PRAKASH PATHAK & ORS. versus RAJASTHAN HIGH COURT & ORS.

Eligibility criteria and benchmarks for being placed in the select list notified at the commencement of the recruitment process cannot be changed mid-process unless permitted by extant Rules or the advertisement and any permitted change must satisfy Article 14; recruiting authorities may, where rules allow or are...

Source-derived case information.

Parties
Appellant: Tej Prakash Pathak & Ors.; Respondent: Rajasthan High Court & Ors.
Jurisdiction
India
Judgment Date
07 November 2024
Procedural Posture
Civil Appeal / Supreme Court Judgment on Reference (larger Bench Reference Answered)
Outcome
Reference answered
Legal Topics
Recruitment, Appointment, Eligibility Criteria, Selection Procedure, Select List, Legitimate Expectation, Article 14, Article 16, Article 309
Service Law Constitutional Law Administrative Law Recruitment Appointment Eligibility Criteria Selection Procedure Select List +4 more

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Parties

Tej Prakash Pathak & Ors.

Appellant

Rajasthan High Court & Ors.

Respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Reference (larger Bench Reference Answered)

Legal Issues

  1. 1 When the recruitment process commences and ends
  2. 2 Basis of doctrine that 'rules of the game' must not be changed mid-process or after the process
  3. 3 Whether K. Manjusree is at variance with earlier precedents (e.g., Subash Chander Marwaha)

Ratio Decidendi

Eligibility criteria and benchmarks for being placed in the select list notified at the commencement of the recruitment process cannot be changed mid-process unless permitted by extant Rules or the advertisement and any permitted change must satisfy Article 14; recruiting authorities may, where rules allow or are silent, devise transparent, non-arbitrary procedures and set benchmarks before the relevant stage, but extant statutory rules must be followed; placement in a select list does not give an indefeasible right to appointment though arbitrary denial of appointment is impermissible.

Court Disposition

Reference answered

Orders

  • Reference answered
  • Let the appeals be placed before appropriate Bench for decision in terms of the answers rendered, after obtaining administrative directions from the Chief Justice