LAWS(SC)-2024-11-20

TEJ PRAKASH PATHAK Vs. RAJASTHAN HIGH COURT

Decided On November 07, 2024
Tej Prakash Pathak Appellant
V/S
RAJASTHAN HIGH COURT Respondents

JUDGEMENT

(1.) The ideal in recruitment is to do away with unfairness [UNITED NATIONS HANDBOOK OF CIVIL SERVICE LAWS AND PRACTICES] REFERENCE : A three-Judge Bench of this Court while accepting the salutary principle that once the recruitment process commences the State or its instrumentality cannot tinker with the "rules of the game" insofar as the prescription of eligibility criteria is concerned, wondered whether that should apply also to the procedure for selection. In that context, doubting the correctness of a coordinate Bench decision in K. Manjusree [K. Manjusree v. State of A.P., (2008) 3 SCC 512] for not having noticed an earlier decision in Subash Chander Marwaha [State of Haryana v. Subash Chander Marwaha, (1974) 3 SCC 220], vide order [Tej Prakash Pathak & Others v. Rajasthan High Court and Others, (2013) 4 SCC 540] dtd. 20/3/2013, it was directed that the matter be placed before the Chief Justice for constituting a larger Bench for an authoritative pronouncement on the subject.

(2.) The relevant facts giving rise to the reference are as follows:

(3.) To have a clear understanding of the scope of the reference, the relevant paragraphs of the reference order are extracted below: