Supreme Court: Selection Criteria Cannot Be Changed After Interview, Upholds Fairness in Recruitment
Court dismisses J&K Services Selection Board appeal, says altering rules post-interview is unconstitutional
Judges stress recruitment bodies must maintain transparency and fairness; rules of the game cannot be changed
By Our Legal Reporter
New Delhi: December 03, 2025:
In a landmark judgment reinforcing fairness in public recruitment, the Supreme Court of India has held that selection criteria cannot be altered after interviews have been conducted. The ruling came in the case of the Jammu & Kashmir Services Selection Board (JKSSB), which had changed evaluation criteria for Forester recruitment after interviews were completed.
The bench of Justices Manoj Misra and Prasanna B. Varale dismissed the JKSSB’s appeal against the Jammu & Kashmir High Court’s order, which had directed the creation of an additional post for candidates adversely affected by the change. The Court emphasized that recruitment authorities cannot change the “rules of the game” midway, as it violates constitutional principles of fairness and equality.
Background of the Case
- Recruitment Notification: JKSSB issued a notification for 38 Forester posts, requiring candidates to have 10+2 with Science and meet physical standards.
- Applications Accepted: Candidates with 3-year and 4-year Forestry degrees were allowed to apply.
- Interviews Conducted: After interviews, JKSSB retrospectively divided degrees into two categories—3-year (20 marks) and 4-year (25 marks).
- Impact: This change gave extra weight to 4-year degree holders, drastically altering the selection list and disqualifying several 3-year degree candidates.
- High Court Ruling: The J&K High Court held that once interviews are complete, criteria cannot be changed. It directed creation of an additional post for affected candidates.
- Supreme Court Appeal: JKSSB challenged the ruling, but the Supreme Court upheld the High Court’s decision.
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Court’s Observations
The Supreme Court made several key observations:
- Fairness Principle: Recruitment authorities must maintain fairness and transparency. Changing criteria post-interview is arbitrary.
- Rules of the Game: The Court reiterated that “rules of the game” cannot be changed midway.
- Candidate Rights: Altering evaluation schemes after interviews unlawfully undermines the eligibility of certain candidates.
- High Court’s Decision Upheld: The Division Bench of the High Court was correct in rejecting JKSSB’s post-interview changes.
Justice Misra observed: “A change in the selection criteria, after interviews were held, was rightly not countenanced by the Division Bench of the High Court.”.
Wider Context: Recruitment Fairness in India
This ruling adds to a series of judgments where courts have emphasized fairness in recruitment:
- No Midway Changes: Courts have consistently held that recruitment rules cannot be altered after the process begins.
- Transparency in Evaluation: Authorities must clearly notify criteria in advance.
- Protection of Candidates: Candidates cannot be penalized for retrospective changes.
Similar disputes have arisen in state-level recruitment exams, where changes in evaluation criteria or eligibility rules have led to litigation.
Implications of the Ruling
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The Supreme Court’s decision has wide implications:
- Recruitment Bodies: Authorities must finalize criteria before issuing notifications and stick to them throughout.
- Candidates: Aspirants can be assured that their eligibility will not be undermined by arbitrary changes.
- Legal Precedent: The ruling strengthens constitutional principles of equality and fairness in public employment.
- Reduced Litigation: Clear rules and adherence to notified criteria will reduce recruitment-related disputes.
Expert Views
Legal experts have welcomed the ruling as a reinforcement of fairness. According to practitioners:
- Recruitment processes must be transparent and predictable.
- Arbitrary changes erode trust in public institutions.
- The judgment protects candidates from unfair disqualification.
Experts also note that the ruling will guide future recruitment bodies to avoid retrospective changes.
Conclusion
The Supreme Court’s ruling that selection criteria cannot be changed after interviews is a landmark decision in India’s recruitment jurisprudence. By dismissing the JKSSB’s appeal, the Court has reinforced the principle that fairness and transparency are non-negotiable in public employment.
For candidates, the judgment provides assurance that their eligibility will not be undermined by arbitrary changes. For recruitment authorities, it is a reminder that rules of the game must be set before the process begins—and cannot be altered midway.
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