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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Gaurav Kharb – Appellant
Versus
GNCT of Delhi through Chief Secretary – Respondent
JUDGMENT :
V. Kameswar Rao, J.
The challenge in this petition is to an order dated September 9, 2020 passed by the Central Administrative Tribunal (‘Tribunal’, for short) in OA 393/2020, whereby the Tribunal has disposed of the OA by stating the following in paragraph 11 of the order:
2. The grievance of the petitioners before the Tribunal primarily was with regard to the selection carried out by the respondent No. 2 for the post of Assistant Grade-III in Delhi Transco Limited.
3. It was their case that they have applied for selection to the said post in response to an advertisement dated September 12, 2013. They appeared in the written examination on September 24, 2017. Thereafter a notice dated December 17, 2018 was issued by the respondent No. 2 asking the candidates to appear in the skill test to be he
A person who has participated in an examination process cannot challenge the process later.
Point of Law; whether Skill Test can be directed to be re-conducted when such a procedure is not contemplated in the Recruitment Rules - In the absence of a Rule, surely no direction for conducting t....
Candidates participating in recruitment without protest cannot challenge undisclosed skill test criteria post-failure; uniform application negates arbitrariness; no right to relaxation or appointment....
The principle of waiver and acquiescence applies when a candidate participates in a selection process without protest and cannot subsequently challenge the process after being declared unsuccessful.
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