Arvind Kumar and Ors. Etc. v. State of U.P. and Ors. Etc.

Civil Appeal · 2026 INSC 741Decided 24 Jul 2026
C.A. No.-008257-008259 - 2026 (Arising out of SLP (Civil) Nos. 4012-4014 of 2023), with connected Civil Appeal Nos. 8260-8263 of 2026
Justice Dipankar Datta · Justice Augustine George Masih · Justice Sheel Nagu

Background

The State of Uttar Pradesh recruits Instructors for its Industrial Training Institutes (ITIs). Under the 2014 Recruitment Rules, a Craft Instructor Training Scheme (CITS) certificate, once an essential qualification, was downgraded to merely a "preferential" one, and the rules provided that where applications exceeded vacancies, only four times the number of vacancies would be shortlisted for interview. Instead of following this shortlisting method, the Selection Committee/State imposed its own additional qualifying/cut-off marks not found anywhere in the 2014 Rules, which screened out a large number of otherwise eligible candidates, including the appellants, even though the number of vacancies advertised exceeded the number of eligible candidates. The appellants challenged this before the Allahabad High Court and, having lost, appealed to the Supreme Court.

Decision Breakdown

The Supreme Court held that once the rule-making authority had prescribed a specific shortlisting mechanism (calling four times the vacancies for interview), the Selection Committee could not superimpose an additional, unwritten cut-off-marks criterion, doing so was arbitrary and contrary both to the 2014 Rules and their underlying purpose, especially since it left a substantial number of sanctioned vacancies unfilled despite eligible candidates being available. The Court rejected the argument that participation in the flawed process barred relief, since candidates could not have anticipated mid-way that the rules would not be followed. Noting that a large number of vacancies (5,220 out of 7,768 sanctioned posts, per the State's own 2023 legislative disclosure) remained unfilled even years later, the Court held that denying relief merely because the appellants had since aged would be unjust. It allowed the appeals and directed that eligible appellants be considered for appointment against currently vacant posts (with supernumerary posts created if needed), subject to fresh verification of qualifications and antecedents, with appointments to take prospective effect and carry pension/gratuity eligibility but not back wages, seniority, or promotion benefits for the intervening period.

Lesson Learnt

A government body cannot silently add extra eligibility hurdles, like unwritten cut-off marks, that go beyond what its own recruitment rules prescribe; doing so is arbitrary state action, and candidates unfairly excluded by such deviations remain entitled to relief even many years later, so long as vacancies still exist.

Service & Administrative LawSupreme Court of India

M. Prema v. The State of Tamil Nadu Rep. by its Secretary to the Government and Ors.

The Supreme Court agreed with the High Court that Direct recruits, having come through the regular competitive process, rank above Special appointees, who entered through temporary appointments later regularised. However, it held the High Court was wrong to rank Compassionate appointees above Direct recruits merely because of an executive Government Order fixing their seniority by appointment date: such an executive order cannot override the basic service-law principle that employees selected through a regular process must rank senior to those who entered through exceptions like compassionate appointment. The Court further held that, as between Special appointees and Compassionate appointees, seniority should be fixed by date of regularisation rather than any other formula. The Transferred Cases were dismissed, and the Civil Appeals were disposed of/allowed to the extent needed to reflect this ranking (Direct recruits > Compassionate appointees > Special appointees, broadly, subject to date-of-regularisation for the latter two inter se).

Decided 9 Oct 2026Read case
Service & Administrative LawSupreme Court of India

State of Bihar & Ors. v. Nandeshwar Kumar

The Supreme Court allowed Bihar's appeal and set aside the reinstatement order. It held that eligibility had to be assessed under the 2006 recruitment rules governing Kumar's 2007 appointment, rather than solely by the date of his training certificate. He lacked a certificate from an NCTE-recognised training institution as required for that appointment, so obtaining the certificate before the NCTE law took effect did not establish eligibility. The Court noted the inadequate material behind earlier findings about the college's genuineness, but resolved this appeal on the statutory qualification requirement rather than declaring the certificate fake.

Decided 7 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Chhaganbhai Kohyabhai Pateliya & Ors. v. State of Gujarat & Ors.

The Supreme Court allowed the appeal in the terms it set out. Because the Single Judge was dealing with a batch of employees, the Court held that each claimant must apply, and the authorities must verify each claim and pay the increment and revise pension and retiral dues accordingly. It extended the same benefit to the proforma respondents who had not joined the appeal. It directed the authorities to release the amounts due within 30 days, failing which interest at 6% per annum would be payable from the date of default. It also left the individual calculations to the authorities, relying on its earlier orders on arrears and interest.

Decided 6 Oct 2026Read case
Service & Administrative LawDelhi High Court

Axay Kumar vs. Union of India & Ors.

The Court granted leave and liberty to withdraw, and the writ petition was disposed of as withdrawn, with the petitioner free to file afresh in accordance with law. No findings were made on the underlying grievance.

Decided 6 Oct 2026Read case
Service & Administrative LawSupreme Court of India

Santosh B. Naik v. State of Goa & Ors.

The Supreme Court held that the High Court had erred in interfering with the selection committee's eligibility decision, which was in accordance with the Recruitment Rules for the post and the advertisement. The Court set aside the High Court's judgment, along with the other candidate's later appointment, and restored the committee's decision and the appellant's temporary appointment. It clarified that its conclusion applies only to the Recruitment Rules for this post and expresses no view on the general recognition of NIOS qualifications for other purposes.

Decided 6 Oct 2026Read case
Service & Administrative LawDelhi High Court

Anil Kumar Tanwar vs. The Central Bureau of Investigation & Anr.

The Court disposed of the writ petition on the parties' agreed terms: the CBI was directed to file its reply to the pending application within two weeks, both sides were to exchange short notes of submissions before the Tribunal, neither side could seek adjournments when the matter is listed, and the Court requested the Tribunal to finally decide the matter (which involves a transfer) on 29 October 2026.

Decided 6 Oct 2026Read case