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Supreme Court of India 2023-02-20 allowed

Sureshkumar Lalitkumar Patel & Ors vs State of Gujarat & Ors

Bench: 2 — Sanjiv Khanna, M. M. Sundresh

In Brief

The Supreme Court addressed whether a recruitment authority could reduce qualifying marks after publishing results to accommodate candidates from special reserved categories (women, ex-servicemen, physically disabled). The Selection Committee had fixed 60% qualifying marks for general category and lower marks for reserved categories, then later reduced marks further to facilitate horizontal reservations. The Court held that such arbitrary reduction after examination completion violates the right of candidates to be considered under the original recruitment terms. Cut-off marks, once fixed based on job suitability, cannot be lowered to benefit ineligible candidates. The Court allowed the appeals of originally selected candidates but directed authorities to accommodate private respondents within permissible reservation limits without displacing existing appointees, balancing justice with constitutional equality principles under Article 14.

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Constitutional Law Recruitment Article 14 - Equality Article 142 - Constitution Bench Powers Administrative Law Reservation - Horizontal and Vertical Cut-off Marks Vested Rights in Selection Process

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