Judicial Review Can't Be Invoked To Override Recruitment Rules Framed By Competent Authority: Himachal Pradesh High Court

Himachal Pradesh High Court held that the eligibility conditions for a particular post are determined by the employer, and Courts can't modify them or frame new ones.

Justice Tarlok Singh Chauhan & Justice Sushil Kukreja: “Court under the garb of judicial review can't sit over the rules to decide what is best for employer”.

Background Facts:

The petitioner, Akhil, completed his 10+2 examination in the year 2021 and is also a distinguished sportsperson. After which, he registered with the Director of Youth Services and Sports, Himachal Pradesh, as the state provides 3% reservation in government employment for outstanding sportspersons.

When the Director General of Police, Himachal Pradesh, issued a recruitment notification for the constables posts in the state police force, the petitioner applied under the sports quota. After getting shortlisted he was called by the Director of Youth Services and Sports for document verification. Upon Successful verification, his name was recommended for the post.

Pursuant to which, he was asked to report at Bharari Police Ground along with other shortlisted candidates. However, he was declared ineligible during the physical standards test as his height was two inches less than the prescribed minimum height of 5 feet 6 inches for general category male candidates.

Aggrieved by this, the petitioner approached the High Court seeking relaxation of the height criterion on account of his merit as a sportsperson.

Findings:

The Court after examining the Himachal Pradesh Police Department (Recruitment of Constables) Rules, 2024 observed that the height requirement set for general category male candidates is 5 feet 6 inches. It is only the Gorkhas, SC and ST categories for whom the height has been prescribed as 05' feet 04” inches. The Court found no provision in the rules that permits relaxation in the height for sportspersons.

The Court further held that granting of relaxation in the Recruitment & Promotion Rules is solely in the hand of employer and the court can't give a direction to act contrary to the rules.

The Court remarked that if the language of the advertisement regarding the rules is clear, it can't create new eligibility conditions and also can't change them.

In Maharashtra Public Service Commission v. Sandeep Shri Ram Warade & Ors. (2019), it was held that the “judiciary cannot, under the guise of judicial review, step into the shoes of the appointing authority to rewrite or reinterpret unambiguous eligibility norms prescribed in recruitment advertisements”.

Thus, the Court dismissed the writ petition and held that Court under the garb of judicial review can't sit over the rules to decide what is best for employer.

Case Name: Akhil v/s State of H.P. & Ors.

Case No.: CWP No. 8319 of 2025

Date of Decision: 21.05.2025

For the Petitioner: Mr.Sanjeev Bhushan, Senior Advocate with Mr. Rajesh Kumar, Advocate.

For the Respondents: Mr. Ramakant Sharma, Additional Advocate General with Mr. Navlesh Verma, Mr. Sushant Keprate, & Ms. Sharmila Patial, Additional Advocates General and Mr. Raj Negi, Deputy Advocate General.

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