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JYOTSNA REWAL DUA
Santosh Nanta – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
Respondent No.3’s selection to the regular post of Drawing Master, reserved for Orthopedically Handicapped General Category, and his appointment as such on 29.02.2008, has been questioned in the instant writ petition instituted on 29.07.2010.
2. Heard learned counsel on both the sides and considered the case file.
3. The petitioner, respondent No.3 and others received interview calls in the year 2008 for one post of Drawing Master, reserved for Orthopedically Handicapped General Category. They participated in the selection process. In the result drawn by the official respondents, respondent No.3 emerged successful with 13.57 marks, whereas, the petitioner secured 13.07 marks. Respondent No.3 was accordingly selected and appointed as Drawing Master on 29.02.2008. Two years later, the petitioner assailed the appointment of respondent No.3 on the ground that additional marks given to respondent No.3, for his possessing diploma in Library Science, ought not to have been granted to him as this qualification, possessed by respondent No.3 had no nexus with the post of Drawing Master, for which selection process was undertaken by the respondents.
4. During the c
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.
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.
No indefeasible right to appointment from provisional selection where vacancies reduced to nil due to restructuring; belated challenge after knowing revised vacancies barred by limitation and estoppe....
Recruitment criteria cannot be altered after the selection process begins, as it violates principles of fairness and predictability under public service law.
Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.
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