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State of Rajasthan through Secretary, Department of Cooperative, Secretariats, Jaipur, Rajasthan – Appellant
Versus
Kamal Jeet Singh, S/o Sh. Gur Charan Singh – Respondent
JUDGMENT :
Kuldeep Mathur, J.
1. The instant intra court appeal is directed against the order dated 12.05.2014 passed by the learned Single Bench, whereby the writ petition of the respondent Mr. Kamaljeet Singh was allowed and the respondents (appellants herein) were directed to provide appointment to the respondent-petitioner on the post of ‘Banking Assistant’ in the Central Co-operative Bank of the State of Rajasthan, where candidates having lesser percentage of marks than the petitioner had been appointed.
2. Brief facts relevant and essential for disposal of the writ petition are noted hereinbelow:-
The appellants-respondents issued an advertisement bearing No. 8/2010-11, inviting applications for 328 vacant posts of ‘Banking Assistant’ available in various branches of Central Cooperative Banks (hereinafter referred to as ‘CCB’) in 27 districts. The advertisement contained a stipulation requiring candidates to submit option for three of the participating banks. The examinations for the said post were conducted by the Rajasthan Institute of Cooperative Education and Management (RICEM). The respondent-petitioner was declared successful in the written examination held on 27.02.2011
Participation in selection process with knowledge of criteria estops candidates from challenging it after failure.
The principle of estoppel and waiver applies to candidates who have participated in a selection process and subsequently challenge the outcome, as established in various judgments of the Apex Court.
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
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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