Recruitment eligibility is governed by Statutory Rules; qualifications cannot be altered after commencement of selection process.

The Petitioner participated in a selection process for the post of Driver initiated by the Uttarakhand Subordinate Service Selection Commission (UKSSSC) via an advertisement dated 05.09.2017.

Although the Petitioner was declared successful and recommended for appointment, the NCC Directorate (Respondent) denied him an appointment letter.

The denial was based on a communication from the NCC Directorate dated 27.10.2020, asserting a requirement for a Heavy Motor Vehicle (HMV) license, which the Petitioner did not possess (he holds a Light Motor Vehicle (LMV) license).

The UKSSSC maintained that the HMV requirement was not part of the original requisition and could not be added after the selection process concluded.

1. Whether the Respondent can deny appointment to a successfully selected candidate by introducing an additional eligibility criteria (HMV license) after the conclusion of the selection process.

2. Whether the Petitioner satisfies the eligibility criteria prescribed under the relevant Service Rules.

Uttarakhand Government Department Driver’s Service Rules, 2003 (as amended in 2008): Rule 11 mandates that a candidate must possess a valid driving license for "heavy or light vehicle, as the case may be," for at least three years.

The doctrine that the "rules of the game cannot be changed after the selection process is initiated," as affirmed in Tej Prakash Pathak & Others v. Rajasthan High Court & Others (2025) 2 SCC 1.

The statutory Service Rules under Article 309 use the phrase "heavy or light vehicle," indicating that a license in either category is sufficient for eligibility.

The original requisition dated 15.09.2016 made no mention of a mandatory HMV license and specifically referred to the 2003/2008 Rules; thus, the Petitioner's LMV license fulfills the statutory criteria.

The NCC Directorate’s attempt to mandate an HMV license post-selection was deemed "unjust and unsustainable" because eligibility must be tested against the recruitment rules in force at the time of the advertisement.

The Court upheld the UKSSSC’s position that altering eligibility conditions at a late stage would disturb the entire selection process and violate settled legal principles.

The Court issued a mandamus directing the competent authority in the NCC Directorate to offer the Petitioner an appointment to the post of Driver, provided he is otherwise eligible, within four weeks.