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Civil · Reportable judgment

Anil Kishore Pandit vs The State of Bihar and Others

Court
Supreme Court of India
Date
2 February 2024
Case No.
Civil Appeal No. 1566 of 2024
Result
Allowed
Bench
Hima Kohli, Ahsanuddin Amanullah
Citation
[2024] 2 S.C.R. 1196 : 2024 INSC 188
Supreme Court Reports [2024] 2 S.C.R. 1196 : 2024 INSC 188
Issue for consideration
Matter pertains to permissibility of an employer to change the qualifications prescribed in the advertisement midstream, during the course of the ongoing selection process.
Headnote

Service law – Appointment to the post – Change in the qualifications prescribed in the advertisement midstream, during the course of the ongoing selection process – Permissibility:

Held: Employer cannot change the qualifications prescribed in the advertisement midstream, during the course of the ongoing selection process – Any such action would be arbitrary as it would tantamount to denial of an opportunity to those candidates who are eligible in terms of the advertisement but would stand disqualified on the basis of a change in the eligibility criteria after the same is announced by the employer – Having applied for appointment in accordance with the terms prescribed in the advertisement, a candidate acquires a vested right to be considered in accordance with the said advertisement – This consideration may not necessarily fructify into an appointment but certainly entitles the candidate to be considered for selection in accordance with the rules as they existed on the date of the advertisement – Any subsequent amendment to the advertisement during the course of the selection process unless retrospective, cannot be a ground to disqualify a candidate from consideration – Division Bench erred in setting aside the order of the Single Judge of the High Court and cancelling appellant’s appointment to the post of Amin on the ground of his being overage on basis of the change in criteria/qualification in the selection process during midstream – Impugned judgement quashed and set aside – Earlier order passed by respondents appointing the appellant to the post by reckoning the age of the candidate in EBC category as 40 years, as on 01.01.2011 upheld. [Paras 8, 12, 13]

Keywords: Change the qualifications prescribed in the advertisement midstream · Selection process · Appointment · Arbitrariness · Change in the eligibility criteria/qualification · Right of candidate

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

Order 1. Leave granted. 2. The appellant is aggrieved by an order dated 24th January, 2017, passed by the Division Bench of the High Court of Judicature at Patna whereunder, an intra-Court Appeal1 filed by the respondent LPA No. 1892 of 2015 no.8 herein against an order dated 07th March, 2013, passed by the learned Single Judge in a writ petition2 filed by the appellant herein was allowed and as a result thereof, the order passed by the respondent no.1-State Government in compliance of the order passed by the learned Single Judge to appoint the appellant, if his date of birth was found to
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