Rules on candidate selection can't be changed midstream: SC

Selection committees cannot change the rules midstream to favour particular candidates at the cost of other geniune aspirants, as such procedures are impermissible under law, the Supreme Court has ruled.

"We are not disputing the fact that in matters of selection of candidates, opinion of the selection committee should be final. But, at the same time, the selection committee cannot act arbitarily and cannot change the criteria/qualification in the selection process midstream," a bench of Justices S B Sinha and Mukundakam Sharma observed on Thursday.



The apex court made the observation in a judgement while upholding the ruling of the Allahabad High Court which had quashed the appointment made to the post of Lecturer in Chemistry in University Polytechnic, Aligarh Muslim University.



In the present case, the university's selection committee after going through the process of advertisements, appointed Merajuddin Ahmad as a lecturer in chemistry on 20^th May 2004.



Ahmad's appointment was challenged in the High Court by another aspirant Mohd Sohrab Khan on the ground that he was more eligible for the post than the person appointed.



According to Khan, he possessed a first class masters' degree in chemistry (pure), which was a pre-requisite for the post, whereas, Ahmad was holding a first class masters' degree in industrial chemistry.

Khan submitted that despite the fact that the post as per the advertisement and norms, required someone with a masters degree in chemistry (pure), the selection committee chose to pick Merajuddin who had a masters degree in industrial chemistry.

The High Court upheld Khan's plea and quashed the appointment but directed a fresh selection process, following which both the candidates filed appeals in the apex court.

Upholding Khan's plea, the apex court noted that it was clear from the advertisement and the norms fixed for such appointments that the post of lecturer in chemistry required to be filled up only by a candidate having a masters degree in chemistry (pure,) while industrial chemistry was a distinct subject by itself.

"The selection committee during the stage of selection, which was midway, could not have changed the essential qualification laid down in the advertisement and at that stage held that a masters degree holder in industrial chemistry would be better suited for manning the said post without there being any specific advertisement in that regard," the apex court observed.