Can "Rules Of Games" Be Changed After Selection Process Has Started? Supreme Court CB To Hear On September 6

A Constitution Bench of the Supreme Court will start hearing on September 6 the issue whether the "rules of the game" can be changed after the selection process has started.

The issue arose in a batch of cases relating to the selection process of District Judges conducted by certain High Courts. The primary question is whether the selection criteria can be changed during the process.

On Tuesday (August 30), a 5-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh and Sudhanshu Dhulia decided to start hearing the matter from next Tuesday.

"This is a very important issue. This has to be decided early", Justice Banerjee said.

"Yes. It has a bearing on the appointment of judicial officers", a counsel appearing in the matter agreed.

The issue was referred to the Constitution Bench by a 3-judge bench in the case Tej Prakash Pathak and others v. Rajasthan High Court and others (2013) 4 SCC 540. In Tej Prakash, the bench doubted the correctness of an earlier decision K. Manjusree v. State of Andhra Pradesh and another (2008) 3 SCC 512, where it was held that the selection criteria cannot be changed midway during the process as "it would amount to changing the rules of the game after the game was played which is clearly impermissible". The Manjusree case held as invalid a subsequent introduction of cut-off for the interview marks, which was not originally stipulated in the notification.

In Tej Prakash, the three-bench judge doubted whether the prohibition against changing the rules of the game could be held as absolute and non-negotiable.

"In our opinion, application of the principle as laid down in Manjusree case (supra) without any further scrutiny would not be in the larger public interest or the goal of establishing an efficient administrative machinery", the bench observed in Tej Prakash while referring the matter to 5-judge bench.

Salam Samarjeet Singh v. High Court of Manipur At Imphal and Anr (2016) 10 SCC 484 also dealt with almost a similar issue and has since been posted along with Tej Prakash (supra) by order dated 10.08.2017. The matter Sivanandan C.T. & Ors. v. High Court of Kerala & Ors. [WRIT PETITION (CIVIL) NO. 229 OF 2017] raising a similar point has also been referred to Constitution Bench.

Notably, all these cases concerned with selection process for appointment of District Judges.

Case Title: Tej Prakash Pathak & others Vs. Rajasthan High Court & others with 14 connected matters

Case No.: C.A. No. 2634 of 2013