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]
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.
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