Case Note & Summary
The case pertains to a recruitment process initiated by the Madhya Pradesh Public Service Commission (MPPSC) for 571 posts in the State services under the Madhya Pradesh State Service Examination Rules, 2015. The preliminary examination was held on 12.01.2020. On 17.02.2020, the State amended Rule 4 of the Rules of 2015, changing the method of shortlisting candidates for the main examination. The amendment provided that meritorious reserved category candidates would be adjusted against unreserved vacancies only at the final selection stage, not at the preliminary/main examination stage. The amended rule was applied to the ongoing recruitment process, and the preliminary examination result was declared on 21.12.2020 based on the amended rule. The vires of the amended rule was challenged in the High Court. Meanwhile, on 20.12.2021, the State again amended the rules, restoring the original position. The main examination was conducted in March 2021, and its result was declared on 31.12.2021. The High Court, by judgment dated 07.04.2022, partly allowed the writ petitions, quashing the preliminary examination result and directing the MPPSC to re-shortlist candidates for the main examination in accordance with the unamended rules. The State appealed to the Supreme Court. The Supreme Court dismissed the appeals, holding that the amendment could not be applied retrospectively to an ongoing recruitment process where the preliminary examination had already been conducted. The Court observed that candidates had a vested right to have their results declared under the rules as they existed at the time of the examination. The Court also noted that the amendment was contrary to Section 4(4) of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994, which mandates adjustment of meritorious reserved category candidates at the time of selection. The Court upheld the High Court's direction to re-shortlist candidates for the main examination based on the unamended rules.
Headnote
A) Service Law - Recruitment Process - Amendment of Rules - The amendment to Rule 4 of the Madhya Pradesh State Service Examination Rules, 2015, which changed the method of shortlisting candidates for the main examination, could not be applied to an ongoing recruitment process where the preliminary examination had already been conducted, as it would affect the rights of candidates who had already appeared for the preliminary examination. The Court held that the amendment was prospective and could not be applied retrospectively to the ongoing selection process. (Paras 2-10)
B) Service Law - Reservation - Adjustment of Meritorious Reserved Category Candidates - The amendment to Rule 4(3)(d)(III) of the Rules of 2015, which provided that adjustment of meritorious reserved category candidates with unreserved category candidates would be only at the time of final selection and not at the preliminary/main examination stage, was held to be contrary to Section 4(4) of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994, which mandates that such adjustment should be done at the time of selection itself. The Court upheld the High Court's decision to quash the preliminary examination result and direct fresh shortlisting in accordance with the unamended rules. (Paras 4-9)
C) Service Law - Vesting of Rights - Candidates who appeared for the preliminary examination under the unamended rules had a vested right to have their results declared in accordance with those rules. The subsequent amendment could not take away that right. The Court held that the State's action in applying the amended rule to the ongoing process was arbitrary and violative of Article 14 of the Constitution. (Paras 2, 6, 10)
Issue of Consideration
Whether the amendment to Rule 4 of the Madhya Pradesh State Service Examination Rules, 2015, which changed the method of shortlisting candidates for the main examination, could be applied to an ongoing recruitment process where the preliminary examination had already been conducted.
Final Decision
The Supreme Court dismissed the appeals, upholding the High Court's judgment. The Court held that the amendment to Rule 4 of the Rules of 2015 could not be applied retrospectively to the ongoing recruitment process. The Court directed the MPPSC to re-shortlist candidates for the main examination in accordance with the unamended rules as they existed prior to 17.02.2020, and to proceed with the selection process accordingly.
Law Points
- Retrospective application of service rules
- Recruitment process
- Amendment of rules pending selection
- Vesting of rights
- Article 309 of Constitution of India
- Madhya Pradesh State Service Examination Rules
- 2015
- Madhya Pradesh Lok Seva (Anusuchit Jatiyon
- Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam
- 1994
Case Details
Civil Appeal arising out of SLP (C) No. 5817 of 2023 and other connected matters
R Bala Subramanyam, Jitendra Kumar Tripathi, Amit Sharma, Alok Kumar, Yuvraj Nangia, Ravi Kumar, Aman Varma, Harsh Parashar, Chanakya Sharma, Sunny Choudhary, Saurabh Mishra, Baijnath Patel, Atmaram N. S. Nadkarni, Dr. Harsh Pathak, Shaveta Mahajan, Mohit Choubey, Santosh Rebello, Samridhi S. Jain, Rakesh Mishra, Ambuj Sharma, Alok Kumar Pandey, Kiran Pandey, Mamta Rani
State of Madhya Pradesh and another
Kishor Choudhary and others
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Nature of Litigation
Civil appeals against the judgment of the High Court of Madhya Pradesh at Jabalpur partly allowing writ petitions challenging the validity of amended Rule 4 of the Madhya Pradesh State Service Examination Rules, 2015 and Section 4(4) of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994.
Remedy Sought
The State of Madhya Pradesh and the MPPSC sought to set aside the High Court's judgment quashing the preliminary examination result and directing re-shortlisting of candidates for the main examination in accordance with the unamended rules.
Filing Reason
The State appealed against the High Court's decision that the amendment to Rule 4 could not be applied retrospectively to the ongoing recruitment process.
Previous Decisions
The High Court of Madhya Pradesh at Jabalpur, by judgment dated 07.04.2022 in W.P. No. 542 of 2021 and batch, partly allowed the writ petitions, quashing the preliminary examination result declared on 21.12.2020 and directing the MPPSC to re-shortlist candidates for the main examination in accordance with the unamended rules as they existed prior to 17.02.2020.
Issues
Whether the amendment to Rule 4 of the Madhya Pradesh State Service Examination Rules, 2015, which changed the method of shortlisting candidates for the main examination, could be applied to an ongoing recruitment process where the preliminary examination had already been conducted.
Whether the amendment to Rule 4(3)(d)(III) of the Rules of 2015 was contrary to Section 4(4) of the Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994.
Submissions/Arguments
The State argued that the amendment was valid and could be applied to the ongoing recruitment process as the rules were amended before the declaration of the preliminary examination result.
The respondents (candidates) argued that the amendment could not be applied retrospectively as it affected the rights of candidates who had already appeared for the preliminary examination under the unamended rules.
Ratio Decidendi
The amendment to service rules cannot be applied retrospectively to an ongoing recruitment process where a stage of the selection has already been completed, as candidates acquire a vested right to have that stage governed by the rules as they existed at the time. Applying the amended rule would be arbitrary and violative of Article 14 of the Constitution.
Judgment Excerpts
One lapse on the part of the State is all it took to generate this litigation, impacting multitudes of job aspirants in the State of Madhya Pradesh.
The amendment of an existing service rule on 17.02.2020 which was recalled thereafter on 20.12.2021, restoring the rule to its original position, but in the interregnum that amended rule was applied to an ongoing recruitment process.
In effect, the amended Rule 4 of the Rules of 2015 provided that adjustment and segregation of meritorious reservation category candidates with meritorious unreserved category candidates would be only at the time of final selection and not at the time of the preliminary/main examination.
The result of the preliminary examination conducted on 12.01.2020 was declared on 21.12.2020, applying the amended Rule 4.
The newly amended Rule 4 of the Rules of 2015 read thus: ...
Notwithstanding this amendment, the result of the main examination held between 21.03.2021 and 26.03.2021 was declared by the MPPSC on 31.12.2021 and the number of candidates who provisionally qualified for interviews were 1918.
By judgment dated 7.04.2022, a Division Bench of the High Court of Madhya Pradesh at Jabalpur partly allowed the pending writ petitions.
Procedural History
The MPPSC issued an advertisement on 14.11.2019 for 571 posts. Preliminary examination held on 12.01.2020. On 17.02.2020, Rule 4 of the Rules of 2015 was amended. Preliminary result declared on 21.12.2020 applying amended rule. Writ petitions filed challenging the amendment. High Court passed interim order on 22.01.2021. Main examination conducted from 21.03.2021 to 26.03.2021. On 20.12.2021, rules again amended restoring original position. Main result declared on 31.12.2021. High Court partly allowed writ petitions on 07.04.2022, quashing preliminary result and directing re-shortlisting. State appealed to Supreme Court. Supreme Court dismissed appeals on 05.05.2023.
Acts & Sections
- Madhya Pradesh State Service Examination Rules, 2015: Rule 4
- Madhya Pradesh Lok Seva (Anusuchit Jatiyon, Anusuchit Jan Jatiyon aur Anya Pichhade Vargon Ke Liye Arakshan) Adhiniyam, 1994: Section 4(4)
- Constitution of India: Article 309, Article 14
