The principle of estoppel by conduct applies when a candidate participates in a selection process with full knowledge of the conditions and cannot subsequently challenge the process or its outcome.

Hemant Gupta, CJ.

The challenge in the present intra-court appeals is to an order passed by the learned Single Bench on 10.08.2017 in W.P. No.3459/2016 (Dr. Deepak Singh v. State of M.P. and others) whereby the writ petition filed by writ-petitioner -Dr. Deepak Singh (here-in-after referred to as the writ petitioner) was allowed holding that the advertisement in question had no clause to grant benefit of 5% marks to the Green Card Holders, therefore, such condition cannot be imposed in the interview letter. Resultantly, the benefit of 5% marks in the interview was ordered not to come in the way of the writ-petitioner for selection on the post. Thus, both; the Public Service Commission as well as selected candidate, are in appeal.

2. The process of appointment of Homeopathy Medical Officer was initiated when advertisement dated 23rd September, 2013 was published. The important condition in bold in the front page of the advertisement is that the latest instructions in relation to advertisement can be seen on the website of the Public Service Commission.

3. The advertisement has 12 different conditions regarding the number of posts, reservation for each post, the pay scale, essential qualification etc. At serial No.12 there are three appendixes. The Appendix-I pertains to the conditions for relaxation in age. Appendix-II pertains to instructions to fill up the forms and Appendix-III pertains to scheme of written examination and the syllabus. In Appendix-I, Condition No.(2) relates to relaxation in age. The first condition is relaxation in age for two years in terms of Circular No. C-3-40/AA/84(3)1, dated 11.01.1985. The relaxation in age is given to Green Card holders (one who have undergone family planning operation). The Clause (2) thereof, is for relaxation in age up to five years to those candidates who have undergone marriage with Scheduled Caste/Scheduled Tribe/Other Backward Classes in terms of the Promotion of Inter-caste Marriage Scheme dated 29.06.1985. Clause (3) grants relaxation in age up to five years to those sports-persons who have been awarded Vikram Award as per Circular dated 03.09.1985. Appendix-II, pertains to written examination and the procedure. Clause 8(2) of the said Appendix-II is to the effect that necessary conditions of the interview will be published along with the publication of the result of the written examination. The relevant clause 8(2) of Appendix-II, which is in Hindi, on being translated into English, reads as under:-

“8-Necessary instructions in relation to procedure pursuant to written examination:

01 *** *** ***

02 All the necessary information in relation to interview shall be published along with the result of the examination. Hence, successful candidates may go through the complete information relating to interview along with the result of the examination and may download and fill up the police verification form, personal details form and attendance form as per instructions in the website of the Commission (www.mppsc.nic.in and www.mppsc.com). The aforesaid form and the enclosures of all necessary documents be submitted before the last date as fixed. Self-attested application submitted online may also be enclosed.”

4. After the result of the preliminary examination was declared on 12/13th November, 2014, the letters were issued on 22.12.2014 for interview. In respect of the writ-petitioner, the interview was scheduled to be held on 13.01.2015. Condition No.2 in the said interview letter is to the effect that there is a policy of the State Government to grant 5% marks in interview to the Green Card Holders as a part of family welfare schemes. Such Green Card has to be produced in original along with one attested copy. Relevant lause, on being translated into English, reads as under:-

“(2) Relaxation for Encouragement:

(1) Under the Family Welfare Programme, candidates holding the green cards are entitled to facility of 5% marks as additional marks by the Government. Hence, if you hold a