Principle of “change in rules of game” has no effect on qualification; only on selection process: SC

The principle governing changing the rules of game would not have any application when the change is with respect to selection process but not the qualification or eligibility, the Supreme Court recently remarked.

The Top Court further clarified that after the advertisement for a job post is made followed by an application by a candidate with further progress, a rule cannot be brought in, disqualifying him to participate in the selection process.

A division bench of Justices MR Shah and MM Sundresh added that this principle will have an application only in recruitment cases as otherwise, it will hamper the power of the employer to recruit a person suitable for a job.

These observations came to be made by the Court while hearing the State of Uttar Pradesh's contention that the candidates who are not part of the list forwarded by the Uttar Pradesh Subordinate Services Selection Commission were also directed to be considered in the vacancies arising 2 pursuant to the selected candidates approved by the appointing authority, not taking up the jobs offered to the post of Gram Panchayat Adhikari, Single Cadre, Group (C).

The Division Bench of the High Court had relied on Rule 15 of the Uttar Pradesh Gram Panchayat Adhikari Service Rules, 1978 (“1978 Rules”), to note that, if given due interpretation, the said rule would facilitate consideration of persons waiting in the queue based upon their performance.

Court noted that a change was introduced for the first time after the entire process was over, based on the decision made by the Full Court qua the cut-off and it was not as if the candidates were non-suited from participating in the recruitment process.

Under the 1978 Rules, Top Court found that there existed no waiting-list in operation to be filled up at a later point of time, when a certain candidate did not join.

"Such a list has been provided under Rule 15(4) of the 1978 Rules only to facilitate the appointing authority to fill up the vacancies. Thus, after the vacancies are filled up, the door for the other candidates gets closed. The same is the position under the 2015 Rules by which the Commission is required to send the merit list alone to the appointing authority which it actually did and in case of non-joining, the vacancies are carried forward to the next process of selection, as has been rightly done by the authority in the present case.,,,," the bench found.

Accordingly, the bench held that the appeal filed by the state should be allowed.

Case Title: THE STATE OF UTTAR PRADESH vs. KARUNESH KUMAR & ORS