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REKHA PALLI, RAJNISH BHATNAGAR
Tarun Kataria – Appellant
Versus
Union of India – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present writ petition under Articles 226 and 227 of the Constitution of India seeks to assail the order dated 06.04.2018 passed by the learned Central Administrative Tribunal in O.A No. 1664/2016. Vide the impugned order, the learned Tribunal has rejected the original application preferred by the petitioner wherein he had sought appointment to the post of Junior (ECG) Technician.
2. At the outset, the brief factual matrix as is necessary for adjudication of the present petition may be noted.
3. On 27.05.2013, the respondent no.3/Dr. RML Hospital issued an advertisement inviting applications for filling up 15 posts of Jr. (ECG) Technician out of which, 4 posts were reserved for OBC category candidates, to which category, the petitioner belongs. As per the `Scheme of Selection' referred in the aforesaid advertisement, the selection to the posts of Jr. (ECG) Technician was to be made only on the basis of an interview which was to be conducted by a `Selection Committee' constituted by the respondent no. 3-hospital. It was further clarified in the `Scheme of Selection' that in case the number of applications received for a particular post were very lar
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
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The court affirmed that petitioners, having previously accepted the selection process, were barred from later contesting the methodology due to principles of waiver and acquiescence, despite alleging....
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