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Supreme Court of India 2024-11-07 disposed

TEJ PRAKASH PATHAK & ORS vs RAJASTHAN HIGH COURT & ORS

Bench: 5 — Dhananjaya Y. Chandrachud, Hrishikesh Roy, Pamidighantam Sri Narasimha, Pankaj Mithal, Manoj Misra

In Brief

This case involved a reference to a larger Bench to clarify whether the principle that "rules of the game" cannot be changed during recruitment applies equally to eligibility criteria and selection procedures. The High Court of Rajasthan had raised the minimum qualification for Translator posts mid-way through the selection process, and fixed a 75% cut-off after examinations were held. The Court held that while eligibility criteria cannot be altered mid-way, recruiting authorities may set benchmarks for selection procedures if done before that stage commences. However, extant statutory rules must be respected. Placement in a select list grants no automatic right to appointment, but the State cannot arbitrarily deny appointment to selected candidates—it must justify such denial on bona fide grounds.

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Constitutional Law Administrative Law Public Service Recruitment Article 14 - Equality Article 16 - Equal Opportunity in Public Employment Procedural Fairness Rule Against Arbitrariness Legitimate Expectation Judicial Review

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