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Ankita Thakur & Ors. vs. The H.P. Staff Selection Commission & Ors.

Civil Appeal · 2023 INSC 992Decided 9 Nov 2023
Civil Appeal No. 7602 of 2023
Hrishikesh Roy · Manoj Misra

Background

Himachal Pradesh had framed 2014 Rules prescribing eligibility (including a one-year diploma in Computer Science/IT from a "recognized" institution) for the post of Junior Office Assistant (JOA). After advertisements were issued and the last date for applications had passed, the State government issued a relaxation/clarification order widening what counted as a "recognized institution," letting previously ineligible candidates qualify. Several batches of aggrieved candidates and the State challenged the resulting selections and a High Court judgment (which had itself given mixed relief) through multiple connected appeals.

Decision Breakdown

The Supreme Court held that eligibility conditions must ordinarily be satisfied by the last date fixed for receiving applications, and that any power to relax such conditions must be expressly reserved in the rules/advertisement and, if exercised, must be given wide publicity so that newly-eligible candidates get a fair chance to apply: none of which happened here. It therefore held the post-facto relaxation/clarification order legally unsustainable for the posts in question and set aside the High Court's direction to re-open and re-cast the merit list using that relaxation. However, exercising equitable discretion, the Court declined to disturb appointments already made years earlier under the first advertisement, noting the long passage of time, absence of any allegation of mala fides, and the disruptive consequences of undoing settled appointments.

Lesson Learnt

A government cannot expand eligibility criteria for a recruitment after the application window has closed unless that power was clearly reserved in advance and properly publicised, doing so is arbitrary and unfair to other equally-placed candidates; but courts may still balance this against the hardship of undoing long-standing appointments made in good faith.

Official source (sci.gov.in)View Judgment (PDF)

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