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GURPAL SINGH AHLUWALIA
Sumokshi Tiwari, D/o. S. P. Tiwari – Appellant
Versus
State of Madhya Pradesh – Respondent
| Table of Content |
|---|
| 1. petitioners seek appointment based on qualifications. (Para 1 , 2) |
| 2. state argues petitioners cannot challenge conditions. (Para 3 , 5 , 6) |
| 3. court observes petitioners are estopped from challenging conditions. (Para 4 , 11) |
| 4. legal precedence on estoppel and interview fairness established. (Para 7 , 8 , 10) |
| 5. court dismisses the petition. (Para 12 , 13) |
ORDER :
G.S. Ahluwalia, J.
This petition under Article 226 of Constitution of India has been filed seeking the following reliefs :
II. Issue a writ in the nature of mandamus to directing the respondents to give the appointment to the petitioners on the post of Audiometist (Post Code-23) because their name is appeared in the top-10 applicant list at Sr. No. 2 and 3, in the interest of justice.
III. Issue any other writ, order or direction as this Hon’ble Court deem fit.”
2. It is submitted by counsel for petitioners that an advertisement was issued f
State is meant to be a model employer and must give due importance to the fundamental rights of equality and opportunity in matter of public appointment guaranteed under Article 14 and 16 of Constitu....
Candidates cannot challenge recruitment criteria after participating in the selection process, as estoppel applies. Eligibility is determined by the employer based on stated qualifications within the....
The main legal point established in the judgment is the importance of eligibility on the cut-off date and the principle of estoppel in relation to the eligibility criteria for government appointments....
Proficiency in Hindi or English cannot be adjudged through multiple choice questions, and no legal right accrued to demand a bilingual question paper.
Point of Law : candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challen....
The main legal point established in the judgment is the application of the principle of estoppel in the context of recruitment disputes and the requirement for a clear definition of 'competent author....
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