Promulgation of statutory service rules supersedes administrative practices.
The framing and formal notification of statutory service rules under the Proviso to Article 309 of the Constitution of India completely supersedes and overrides any pre-existing informal administrative practices, executive guidelines, or historical conventions. Once statutory rules governing the recruitment, eligibility, and selection methodology for a post are promulgated, no appointments can be directed or made contrary to the statutory scheme. Executive instructions or past departmental methods that permitted direct recruitment or conventional absorption lose legal efficacy the moment a formal statutory framework occupies the field. Judicial directions cannot compel the State to make appointments de hors newly notified service rules, nor can applicants claim a vested right to be governed by extinct administrative procedures that lack statutory force. (State of Uttar Pradesh and Ors. Vs Bhawana Mishra | 2026 INSC 38).