Umesh Ch. Mishra vs State Of Orissa And Ors. on 10 July, 2000
10. It is relevant to note here that the principle of fairness and
transparency in the recruitment process should not remain as a
policy decision and every endeavour must be made by the
recruitment agency, i.e., the OPSC to ensure that the same is actually
followed in their conduct and action. Furthermore, it is act to
reiterate the principle that the rules of the game cannot be changed
while the game is on or after the game is played. Such principle has
been adopted and followed consistently by the Public Service
Commissions in the country. The leading judgment of the Hon'ble
Supreme Court on the issue is in the matter of Secretary, A.P.
Public Services Commission -Vrs.- B. Swapna and Ors., reported
in (2005) 4 SCC 154 wherein an identical question arose for
consideration, i.e., whether the rules of the recruitment process could
be changed while the process is on. The Hon'ble Supreme Court
referring to the aforesaid principle held that the changed rules must
have prospective application. Therefore, the same should not have
been applied to the recruitment process which was going on. In this
context, there are several judgments of the Hon'ble Supreme Court
like in cases of K. Manjusree -Vrs.- State of Andhra Pradesh &
Anr., reported in (2008) 3 SCC 512; Bishnu Biswas & Ors. -Vrs.-
Union of India & Ors., reported in (2014) 5 SCC 774; and
Maharashtra State Road Transport Corpn. & Ors. -Vrs.- Rajendra
Bhimrao Mandve & Ors., reported in (2001) 10 SCC 51 and of
course a decision of the Hon'ble Supreme Court in the matter which
went from this Court in the case of Durga Ch. Mishra v. State of
Orissa & Ors., reported in (1987) 4 SCC 646. Therefore, there is no
dispute with regard to the proposition that the change in the rules
relating to recruitment are always prospective and as such, the rules of
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the game cannot be changed while the game is on or after the game
is played.