Supreme Court Quashes Bihar PSC’s Retrospective Recruitment Rule Change, Protects Candidates’ Rights
Court says altering selection criteria after exams violates Article 14 and legitimate expectations of candidates
Ruling clarifies that recruitment rules are fixed once advertisement is issued, ensuring fairness in public employment
By Our Legal Reporter
New Delhi, January 8, 2026:
In a landmark ruling, the Supreme Court of India has struck down the Bihar government’s attempt to retrospectively amend recruitment rules for Assistant Engineers. The case, Abhay Kumar Patel & Ors vs State of Bihar & Ors, challenged the 2022 amendment to the Bihar Engineering Services Class-II Recruitment Rules, which introduced weightage for prior contractual work experience with retrospective effect from March 2019.
The Court held that such retrospective changes, made after the recruitment process had already commenced under the 2019 rules, were unconstitutional and unfair to candidates who had prepared and appeared for exams based on the original criteria.
Case Background
- In 2019, the Bihar Public Service Commission (BPSC) advertised vacancies for Assistant Engineers under the then-existing recruitment rules.
- Candidates appeared for the written examination, and a provisional merit list was published based solely on exam scores.
- In 2022, the Bihar government amended the rules, introducing weightage for contractual work experience, and applied it retrospectively from March 2019.
- This change disadvantaged candidates who had performed well in the written exam but lacked contractual experience.
- Petitioners, including Abhay Kumar Patel, challenged the amendment before the Supreme Court.
Supreme Court’s Observations
Justice J.K. Maheshwari, delivering the judgment, made the following key points:
- Recruitment rules are fixed once an advertisement is issued. Any subsequent change cannot affect an ongoing process.
- Retrospective application of rules violates Article 14 (Right to Equality) as it creates unfair discrimination among candidates.
- Candidates have a legitimate expectation that the selection process will be conducted under the rules existing at the time of advertisement.
- The amendment was therefore unconstitutional and liable to be struck down.
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Legal Principles Reinforced
- Article 14 of the Constitution: Ensures equality before law and prohibits arbitrary state action.
- Doctrine of Legitimate Expectation: Candidates expect recruitment to follow the advertised rules; sudden changes breach this trust.
- Public Employment Fairness: Recruitment processes must remain transparent, predictable, and free from arbitrary changes.
Wider Implications
- The ruling protects thousands of candidates across India from arbitrary changes in recruitment rules.
- It sends a strong message to state governments and public service commissions that rules cannot be altered mid-process.
- The judgment may influence similar disputes in other states where retrospective amendments have been challenged.
Challenges in Recruitment Processes
- Frequent amendments: Governments often change rules to accommodate specific groups, leading to litigation.
- Delays in recruitment: Legal disputes prolong the hiring process, affecting both candidates and public administration.
- Transparency issues: Lack of clarity in rules undermines trust in public service commissions.
Expert Opinions
- Legal scholars hailed the judgment as a reaffirmation of constitutional principles.
- Education and employment activists said the ruling will restore faith in competitive exams.
- Policy analysts noted that governments must now exercise caution before amending recruitment rules.
Conclusion
The Supreme Court’s decision in Abhay Kumar Patel vs State of Bihar is a milestone in safeguarding fairness in public employment. By striking down retrospective amendments, the Court has upheld the principles of equality, transparency, and legitimate expectation. For candidates across India, the ruling ensures that once recruitment begins, the rules of the game cannot be changed midway.
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