Today, the Constitution Bench of the Supreme Court, ruled that the "rules of the game" cannot be altered once the selection process for positions has commenced, unless the applicable rules explicitly allow such changes.

The bench of Chief Justice of India Dr DY Chandrachud, Justice Hrishikesh Roy, Justice PS Narasimha, Justice Pankaj Mithal, and Justice Manoj Misra had reserved its judgment on July 18, 2023.

The judgment was authored by Justice Misra on behalf of the bench.

The recruitment process begins with the issuance of the advertisement inviting applications and the filling of vacancies. The eligibility criteria for inclusion in the select list, as notified at the start of the recruitment process, cannot be altered midway unless the existing rules allow such a change or the advertisement itself permits it, provided it does not contradict the existing rules.

If such a change is allowed under the existing rules or advertisement, it must comply with the requirements of Article 14 of the Constitution and pass the test of non-arbitrariness.

The decision in K. Manjusree v. State of Andhra Pradesh and another (2008) is well-established law and does not conflict with the ruling in Subhash Chand Marwah

Recruiting bodies, within the framework of existing rules, may establish an appropriate procedure to bring the recruitment process to its logical conclusion, provided that the procedure is transparent, non-arbitrary, and has a rational connection to the objective it aims to achieve.

The existing rules, having statutory force, are binding on the recruiting bodies with respect to both procedure and eligibility. In the absence of such rules or where they are silent, administrative instructions may be used to fill the gaps.

Placement in the select list does not grant an indefeasible right to an appointment. However, the State or its instrumentality may, for bona fide reasons, decide not to fill the vacancies. Nonetheless, if vacancies exist, the State or its instrumentalities cannot arbitrarily deny appointment to an individual within the zone of consideration on the select list.