Supreme Court Invalidates Retrospective Amendments in Bihar Engineering Services Recruitment Rules, Apex Court Rules Against Altering Selection Criteria Midway in Ongoing Recruitment Process, Upholding Candidates' Rights
In a significant judgment, the Supreme Court of India has quashed the retrospective application of amendments to the Bihar Engineering Services Class-II Recruitment Rules, 2019. The amendments, introduced in 2022, attempted to alter the selection criteria midway through an ongoing recruitment process, a move deemed impermissible by the court. The bench, comprising Justices J.K. Maheshwari and Vijay Bishnoi, allowed the appeal filed by Abhay Kumar Patel and others against the State of Bihar, challenging the High Court of Patna's decision which upheld the retrospective application of the amendments.
The controversy centered around the 2022 Amendment Rules, which introduced Rule 8(5) to the 2019 Recruitment Rules, granting weightage to candidates with prior contractual experience and providing age relaxation. This amendment was applied retrospectively from March 6, 2019, affecting an ongoing recruitment process initiated under the original 2019 Rules. The Supreme Court concluded that altering the selection criteria after the commencement of the recruitment process violated the principles of fairness and equality enshrined in Articles 14 and 16 of the Constitution.
The court emphasized the sanctity of the "rules of the game" principle, stating that once a recruitment process has begun, the criteria should not be changed. Justice Maheshwari, delivering the judgment, highlighted that the appellants had a legitimate expectation to be assessed based on the criteria advertised at the start of the recruitment process, which did not include weightage for contractual experience.
The judgment mandates that the recruitment process must be finalized according to the rules as they existed at the time of the advertisement. The court directed the State of Bihar to complete the appointment process based on the provisional merit lists published in June and July 2022, strictly adhering to the unamended 2019 Rules.
This decision underscores the court's stance on maintaining transparency and consistency in recruitment processes, ensuring that candidates' rights are protected against arbitrary changes in selection criteria. The ruling serves as a precedent, reinforcing the principle that retrospective amendments should not disrupt ongoing recruitment processes or infringe upon vested rights.
Bottom Line:
Recruitment Rules - Retrospective amendments in recruitment rules to alter selection criteria after initiation of the recruitment process and publication of provisional merit list held impermissible.
Statutory provision(s): Article 309 of the Constitution of India, Articles 14 and 16 of the Constitution of India, Bihar Engineering Services Class-II Recruitment Rules, 2019, Bihar Engineering Service Class-II Recruitment (Amendment) Rules, 2022
Abhay Kumar Patel v. State of Bihar, (SC) : Law Finder Doc id # 2833610
