New Recruitment Rules Supersede Executive Instructions — (2026) INSC 505
The 2021 Rules framed under Article 309 of the Constitution of India supersede the Executive Instructions of 1981.
State of Odisha v. Sreepati Ranjan Dash — (2026) INSC 505Core Argument
The 2021 Rules framed under Article 309 of the Constitution of India supersede the Executive Instructions of 1981. No DPC was convened and no appointments were made under the old instructions before the new rules came into force. The respondents have no vested right to be considered for promotion under the superseded instructions.
Key Precedents
- Raj Kumar v. State of H.P. (2023) 3 SCC 773 — Three-Judge Bench overruled Y.V. Rangaiah, holding that there is no rule of universal application that vacancies must be filled on the basis of law existing on the date they arose; the Government is entitled to take a conscious policy decision not to fill vacancies under old rules.
- Union of India v. Somasundaram Viswanath (1989) 1 SCC 175 — Held that rules framed under Article 309 prevail over executive instructions issued under Article 162.
- Sant Ram Sharma v. State of Rajasthan AIR 1967 SC 1910 — Held that for selection posts, promotion is not automatic based on ranking in the gradation list; merit is the primary consideration.
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BENCH QUESTION
What distinguishes this case from earlier precedents on the same point?
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