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march 2013

Supreme Court of India · 2013-03-20

Tej Prakash Pathak & Ors vs Rajasthan High Court & Ors

Court
Supreme Court of India
Petitioner
Tej Prakash Pathak & Ors
Respondent
Rajasthan High Court & Ors
Bench
Madan B. Lokur, J. Chelameswar, R.M. Lodha

Judgment text excerpt

The Supreme Court ruled that the imposition of a minimum qualifying mark of 75% by the Chief Justice after the initiation of the recruitment process violated the principles of fairness and non-arbitrariness under Article 14 of the Constitution. The Court emphasized that recruitment rules cannot be changed retrospectively unless explicitly authorized by law, and such changes after the examination constitute a breach of the established rules of the game. The Court held that the selection process was invalid and set aside the decision to limit appointments to candidates meeting the new criteria.

Tej Prakash Pathak & Ors vs Rajasthan High Court & Ors · Niyam