HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
HON'BLE MR. JUSTICE AVNEESH JHINGAN, HON'BLE MR. JUSTICE MANEESH SHARMA, JJ
Rajkumar Pachouri S/o Shri Gandhi Pachouri – Appellant
Versus
Union Of India, Through Defence Secretary, Government Of India – Respondent
Order :
AVNEESH JHINGAN, J.
1. These petitions are filed seeking quashing of order passed by the Central Administrative Tribunal (for short ‘the tribunal’) dated 11.08.2022 to the extent it quashes the selection process qua the appointment of Chowkidar. Shri Satish Kumar (hereinafter referred to as ‘successful candidate’) selected to the post of Chowkidar has filed writ petition No.8877/2023. The petitioner in DBCWP No.12630/2023 Shri Rajkumar Pachouri (hereinafter referred to ‘petitioner’) appeared in written examination.
2. The brief facts are that selection for various posts was advertised on 20.04.2012. The dispute in these cases is with regard to the post of Chowkidar for which one post was advertised. As per the advertisement, the selection was to be made strictly on the basis of merit. The process comprised of written test and skill test wherever necessary. Marks for written test and for skill test were 150 and 50 respectively. After conducting the written test, interview was added to the process and 175 marks were allocated for interview.
3. The petitioner secured 71 marks in written test and 70 marks in interview. The successful candidate secured 61 marks in the written test,

The selection process for the post of Chowkidar was quashed due to unfair practices and violation of established norms, reaffirming that participation in a selection process does not confer a vested ....
Participating without objection in the selection process bars a candidate from later contesting its fairness; procedural adherence in evaluation is crucial for validity.
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
The selection process must be fair and transparent; systemic irregularities can invalidate the entire process, even if some candidates are innocent of wrongdoing.
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....
It is settled law that a person who consciously takes part in process of selection cannot, thereafter, turn around and question method of selection and its outcome.
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....
Recruitment processes must adhere to consistent criteria as set in advertisements, and allegations of irregularities must be substantiated with evidence.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.