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MANINDRA MOHAN SHRIVASTAVA, SUDESH BANSAL
Gyarsi Lal Meena S/o Rameshwar Prasad Meena – Appellant
Versus
Rajasthan High Court, Jodhpur – Respondent
ORDER :
1. Heard.
2. This review petition has been filed by the review petitioner/writ petitioner-candidate seeking review/recall of order dated 21.02.2022 by which bunch of writ petitions including the writ petition filed by the review petitioner in the matter of selection to the post of District Judge in the Rajasthan Judicial Service was dismissed by the Division Bench of this Court.
3. Learned counsel for the review petitioner argued that when the bunch was decided by this Court, which included the case of the review petitioner also, the issue raised by the review petitioner was not decided. It is argued that the only issue raised in the writ petition was that the review petitioner belongs to physically handicapped category and therefore in addition to the relaxation in the minimum qualifying marks in his capacity as reserved category (Scheduled Tribes), he ought to have been assessed on a further relaxed minimum qualifying marks at the level of 33%.
4. It is submitted that at the time of deciding all the writ petitions including the writ petition filed by the review petitioner, this issue was not dealt with in the common order. Learned counsel for the review petitioner would submi
A candidate who participates in a selection process without challenging the criteria and the Rules pertaining to selection, cannot be allowed to challenge the process of selection or the criteria of ....
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.
Separate merit-based filling of disability quota backlog posts valid without batch-wise; participation estops post-non-selection challenge; no prejudice as competitive within category.
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.
Judicial review of recruitment processes is limited, and completed selections should not be unsettled without substantial proof of wrongful practices or errors.
Unsuccessful candidates who participate in a selection process without protest are barred by the principle of acquiescence from later challenging the selection criteria, particularly when no evidence....
Eligibility criteria cannot change midway in recruitment unless rules permit; participants estopped from challenging process or others' eligibility after failure without prior protest.
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