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1977 Supreme(SC) 33
SUPREME COURT OF INDIA
A.N. RAY, C.J.I., M.H. BEG AND JASWANT SINGH, JJ.
I. L. Honnegouda, Appellant
Versus
The State of Karnataka and others, Respondents.
Civil Appeal No. 884 of 1975
Decided on 18-1-1977.
Important Points
Subject
Administrative Law - Service Law
Act Referred
Headnote
Facts of the case:
The appellant challenged the constitutionality of Rules 4 and 5 of the 1970 Rules. However, the appellant had applied for a post and appeared before the Recruitment Committee for interviews in 1972 and 1974, seeking selection under the said rules.
Findings of Court:
The appeal questioning the constitutionality of the rules cannot be allowed as the appellant had already acquiesced to the rules through their conduct.
Issues: Whether a party who has applied for a post and appeared for interviews under specific rules can subsequently challenge the constitutionality of those rules.
Ratio Decidendi: A person who acquiesces to rules by applying for a post and participating in the selection process under those rules is precluded from challenging the constitutionality of such rules.
Result: Appeal dismissed.
Legal Category Hierarchy
-
constitutional law
-
administrative law
-
recruitment rules
- acquiescence
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recruitment rules
-
administrative law
JUDGMENT
JASWANT SINGH, J. :—In view of our judgment in Appeals Nos. 883 and 898 to 905 of 1975 : (Reported in AIR 1977 SC 876) which has just been delivered and the fact that the appellant acquiesced to the 1970 Rules by applying for the post of the Village Accountant, appearing before the Recruitment Committee for interview in 1972 and 1974 and taking a chance of being selected, the present appeal which questions the constitutionality of Rules 4 and 5 of the 1970 Rules cannot be allowed. It is accordingly dismissed but without any order as to costs.
Appeal dismissed.
For Citation : AIR 1978 SC 28
