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‘Rules of game can’t be changed once it’s begun’: Punjab and Haryana HC raps Haryana for changing recruitment rules mid-way

The Punjab and Haryana High Court said the retrospective amendment of recruitment rules violated the applicants’ rights, terming it a deliberate attempt to scuttle their claims.

The Punjab and Haryana Court emphasised that altering recruitment rules once the process has begun undermines the principles of fairness and transparency.

The court emphasised that altering recruitment rules once the process has begun undermines the principles of fairness and transparency. (File Photo/Jasbir Malhi)

The Punjab and Haryana High Court Thursday struck down Haryana’s retrospective application of amended recruitment rules, holding that it violated the fundamental rights of job applicants. It also imposed a cost of Rs 50,000 on the state for what it called a deliberate attempt to undo legitimate claims.

Both appeals challenged a common order passed by a single judge on April 18, 2022, in two Civil Writ Petitions. The petitioners, Abhishek Verma and Ankur Mittal, had alleged that they were wrongfully denied appointments to the Haryana Civil Services and Haryana Police Services (HCS/HPS) despite meeting the criteria outlined in the Haryana Outstanding Sportspersons (Recruitment & Conditions of Service) Rules, 2018.

In its judgment pronounced on July 17, the Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel observed, “The act of the State in making amendment on 09.03.2019 to have effect retrospectively from 05.09.2018 appears to be a deliberate act to scuttle the legitimate claim of the petitioners (respondents herein), which had matured under the 2018 Rules.”

The bench held that Haryana’s move violated applicants’ fundamental right to fair consideration for public employment. Reaffirming that “rules of the game cannot be changed once the game has begun”, the court said recruitment processes must remain transparent and equitable.

The bench also remarked, “This litigation ought not to have arisen in the very first place had the State of Haryana and its functionaries obtained proper legal advice. The action of the appellants herein appears to be merely to scuttle the genuine claim of the petitioners. Thus the appellant-State of Haryana is liable to be saddled with cost of Rs.50,000/- out of which Rs.10,000/- each shall be paid to both the petitioners, namely, Abhishek Verma and Ankur Mittal and the remaining amount of Rs.30,000/- shall be credited in the account of Punjab & Haryana Bar Association, Chandigarh for having wasted precious time of this Court in pursuing this avoidable piece of litigation.”

The court emphasised that altering recruitment rules once the process has begun undermines the principles of fairness and transparency. Citing the Supreme Court’s ruling in K Manjusree vs State of Andhra Pradesh (2008), the court said, “Introduction of the requirement of minimum marks for interview, after the entire selection process… was completed, would amount to changing the rules of the game after the game was played, which is clearly impermissible.”

This view was echoed by a Constitutional Bench in Tej Prakash Pathak vs Rajasthan High Court (2023), which held that recruitment benchmarks cannot be altered mid-process.

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The case arose from a Haryana Government amendment to recruitment rules notified on March 9, 2019, but made effective retrospectively from September 5, 2018. The petitioners, who had applied under the 2018 Rules, argued that their right to be considered under those rules had crystallised at the time of application. The retrospective change, they contended, unfairly altered eligibility criteria, wiping out their valid claims.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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Punjab and Haryana High Court