Pune Corporation Cannot Alter Promotion Rules After Selection Process Started
PMC Service Rules, 2014, provide for 75% direct recruitment and 25% for promotion to the post of Junior Engineer (Civil).
By the Circular dated 29.1.2021, the PMC invited applications from Class III and Class IV employees for promotion to the post of Junior Engineer (Civil).
By the Circular dated 3.12.2021, the draft seniority list of eligible employees, who had applied for promotion was published.
By the Government Resolution dated 14.12.2023, the PMC Service Rules, 2014, were amended and changed the quota, eligibility criteria and the procedure of selection. The qualification was also changed.
As a result, PMC issued circular dated 20.12.2023 for written examination for selection by promotion.
the law is well settled that after commencement of the recruitment process, the eligibility criteria is not to be altered because candidates even if eligible under the altered criteria might not apply by the last date under the belief that they are not eligible as per the advertised criteria. It was held that such alteration/change, therefore, deprives a person of the guarantee of equal opportunity in matters of public employment provided by Article 16 of the Constitution.
In considering the question, the Court delved on the issues of -i) when the recruitment process commences and comes to an end, (ii) basis of the doctrine that “rules of the game” must not be changed during the course of the game, or after the game is played; (iii) whether the said doctrine applies with equal strictness 3 (2008) 3 SCC 512 4 (1974) 3 SCC 220 Page 15 of 21 30 June 2026 WP1575_2026.DOC qua method or procedure for selection as it does qua eligibility criteria and (iv) whether appointment could be denied by change in the eligibility criteria after the game is played.
Judgment dated 2.7.2026 of the High Court of Bombay in Writ Petition No.1575 of 2026 of Sumit Lahu Borkar and others Vs. The State of Maharashtra and others with connected matters
