JUDGMENT - Lodha R.M., J.:-Heard.

2. On 12-9-2003, we passed the following order :

"We asked the learned Counsel for petitioner whether the petitioner participated in the selection process. The learned Counsel for petitioner answered in the affirmative. If that be so, we asked the learned Counsel for petitioner, whether a candidate who has participated in the selection process can challenge the selection process if he was not selected. Learned Counsel for petitioner prays for time to study the point.

S.O. 18-9-2003."

3. The learned Counsel for the petitioner submitted that even if the petitioner participated in the selection process, he is entitled to challenge the selection process. Relying upon (Basheshar Nath v. Commissioner of Income-tax, Delhi Rajasthan another)1, 1959 (Supp. 1) S.C.R. 528 , the learned Counsel submitted that waiver of fundamental right does not arise and wherever breach of fundamental right is there, a person or a citizen cannot give up or waive breach of fundamental right. He also relied upon (Olga Tellis others v. Bombay Municipal Corporation others)2, 1985(2) Bom.C.R. 434 , wherein the same legal position was reiterated that there can be no estoppel ag

Click Here to Read the rest of this document