Bombay High CourtConstitutional LawAdministrative and Public Law

Selection criteria cannot be altered by applying weightage not specified in the advertisement after the recruitment process commences.

YOGESH BALKRISHNA SARKATE AND ANOTHERv.THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Selection criteria cannot be altered by applying weightage not specified in the advertisement after the recruitment process commences.. YOGESH BALKRISHNA SARKATE AND ANOTHER vs THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS. Bombay High Court. LawLens
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In brief

The question

1. Whether, after candidates have obtained their marks, the respondents could apply a 50% weightage criteria upon the results of the Online test and PET when such criteria were not mentioned in the advertisement.

The court held

The court held that the Respondents could not apply the weightage criteria after the selection process had commenced, as the advertisement only provided for a total marks consideration.

It also directed

It ruled that the modification was arbitrary and violated Articles 14 and 16 of the Constitution.

The court quashed the contested selection results regarding the petitioners and directed the Respondents to select and issue appointment orders to Petitioner Nos. 1 and 2, as they secured higher aggregate marks than the selected private respondents.

The Rule was made absolute.

01Facts

Respondent No. 2 (MAHAGENCO) issued Advertisement No. 01/2023 for the post of Junior Officer (Security).

pp. 2-3

The selection process comprised an Online Test (120 marks) and a Physical Efficiency Test (PET) / Psychometric Test (40 marks), totaling 160 marks.

p. 3

Petitioner No. 1 secured 133/160 marks, and Petitioner No. 2 secured 108/160 marks.

p. 4

Subsequent to the examinations, the Respondents published a select list by applying a "50% weightage" to each of the two tests.

pp. 3-4

This modification altered the merit positions, resulting in the selection of Respondent Nos. 4 to 7, who had secured lower aggregate marks than the petitioners.

p. 4

The petitioners challenged this process as an illegal change to the selection criteria midway through the recruitment.

pp. 4-5

02Issues

i.1. Whether, after candidates have obtained their marks, the respondents could apply a 50% weightage criteria upon the results of the Online test and PET when such criteria were not mentioned in the advertisement.

p. 7

ii.2. Whether the advertisement specifically provided a right to the respondents to apply such weightage and, if so, whether such a right is arbitrary.

pp. 7-8

03Law Applied

The court primarily applied the "rules of the game" doctrine predicated on the rule against arbitrariness under Article 14 and the right to equality in public employment under Article 16 of the Constitution of India.

p. 13

It relied on Tej Prakash Pathak v. Rajasthan High Court [2024], which establishes that selection criteria notified at the commencement of a recruitment process cannot be changed midway.

p. 5, 13

The court further cited K. Manjushree v. State of AP (2008) for the principle that introducing minimum marks or weightage after the selection process has concluded constitutes an impermissible change to the rules.

p. 14

Additionally, it referenced Ramjit Singh Kardam v. Sanjeev Kumar (2020), holding that keeping candidates in the dark about selection criteria changes until results are published is arbitrary.

p. 5

04Reasoning

The court observed that the advertisement specified a 120-mark Online Test and a 40-mark PET but contained no clause regarding 50% weightage for either component.

pp. 11-12

It determined that Clause 21, which reserved the right to "modify or cancel" the process, did not grant the State unfettered discretion to introduce new evaluation metrics that fundamentally altered the outcome.

p. 11, 15

The court reasoned that allowing the State to apply unspecified weightage post-examination vests arbitrary power in the authorities, as they could theoretically shift weightage to favor specific candidates.

p. 12, 16

By applying weightage only after the marks were known, the Respondents unfairly advantaged candidates with higher PET scores over those with higher Online Test scores, contrary to the total marks system established in the advertisement.

pp. 15-16

Consequently, the court found the selection process violated the legitimate expectations of the candidates for a fair and transparent selection.

p. 14

05Holding

The court held that the Respondents could not apply the weightage criteria after the selection process had commenced, as the advertisement only provided for a total marks consideration.

p. 16

It ruled that the modification was arbitrary and violated Articles 14 and 16 of the Constitution.

p. 13, 16

The court quashed the contested selection results regarding the petitioners and directed the Respondents to select and issue appointment orders to Petitioner Nos. 1 and 2, as they secured higher aggregate marks than the selected private respondents.

pp. 16-17

The Rule was made absolute.

p. 17
Bombay High Court

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YOGESH BALKRISHNA SARKATE AND ANOTHERvsTHE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS

Bombay High Court · March 17, 2026

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