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2026 Supreme(Jhk) 506

IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, J.

Prakash Ranjan, son of Dr. Nirpendra Nath Thakur – Petitioner
Versus
State of Jharkhand, through its Secretary, Department of Industries, Ranchi – Respondent
W.P.(S) No. 204 of 2017 With W.P.(S) No. 6022 of 2016 With W.P.(S) No. 196 of 2017 With W.P.(S No. 205 of 2017 With W.P.(S) No. 206 of 2017
Decided On : 15-04-2026

Advocates Appeared:
For the Petitioner:Mr. Abhay Kumar Mishra, Advocate
For the Respondent:Mr. Neil Abhijit Toppo, AC to GA-V, Mr. Mrinal Kanti Roy, GA-I, Mr. Abhinay Kumar, AC to GA-I, Mr. Devesh Krishna, SC Mines-III, Mr. Kumar Pawan, AC to SC Mines-III, Mr. Ranjan Prasad Sinha, Advocate
For the Jharcraft :Mr. C.A. Bardhan, Advocate

A candidate who accepts a contractual appointment and joins without protest is estopped from challenging the terms, including termination; courts will not rewrite the contract under Article 226. Public appointments must adhere to fairness under Articles 14 and 16, but estoppel bars relief.

Headnote:(A) Constitution of India - Articles 14, 16 and 226 - Public employment - Contractual engagement - Estoppel - Waiver - A candidate who accepts an appointment on contractual terms and joins without demur is estopped from challenging the nature of appointment or its terms, including the termination clause - Participation in the selection process and acceptance of the engagement letter precludes subsequent challenge (Paras 15-20) - High Court under Article 226 cannot rewrite the terms of a concluded contract (Para 21) - Selection for public posts must be fair and transparent; appointment solely on the basis of an interview may fall short of the mandate of Articles 14 and 16 (Paras 12-13).

(B) Service Law - Contract of employment - Binding nature - Once parties enter into a bilateral contract of employment, its terms are binding and cannot be unilaterally altered; the High Court will not interfere under Article 226 to rewrite such terms except by mutual consent (Para 21).

Facts of the case:
The writ petitioners responded to an advertisement issued by a State government corporation for various posts. The advertisement did not specify whether the appointments would be permanent or contractual. They were selected solely through interviews and were issued engagement letters by an outsourcing agency, which described the engagement as contractual and for a fixed term, terminable with notice. The petitioners accepted and joined the services. Shortly thereafter, their services were terminated in terms of the contract. They challenged the termination, contending that they were direct employees of the corporation and the outsourcing arrangement was a subsequent unilateral change.

Findings of Court:
The engagement letters, which the petitioners accepted and acted upon, clearly stated the contractual nature of the appointment and the termination clause. Since the petitioners joined without protest and accepted the terms, they are estopped from challenging the terms of their engagement. The Court also observed that a selection process based solely on an interview, without a written examination, may not satisfy the standards of fairness under Articles 14 and 16, but the petitioners could not claim relief having accepted the contractual terms. The Court reiterated that under Article 226, it cannot rewrite the terms of a contract.

Issues: 1. Whether the nature of appointment can be altered from what was advertised, particularly changing it to an outsourcing contract. 2. Whether the petitioners, after accepting the appointment and joining, can challenge the terms and conditions of engagement.

Ratio Decidendi: A candidate who voluntarily accepts an appointment with full knowledge of the contractual terms and joins the post without protest is estopped and waived the right to subsequently challenge those terms, including the termination clause. The High Court in exercise of writ jurisdiction under Article 226 cannot rewrite or alter the terms of a concluded bilateral contract. Result : Writ petitions dismissed.

Order :

SUJIT NARAYAN PRASAD, J.

1. All the above noted writ petitions having common issues have been directed to be listed together for analogous hearing and are being disposed of by a common order for sake of brevity this Court is taking the fact of W.P.(S) 204 of 2017 as a leading case.

Prayer:

2. The above writ petitions under Article 226 of the Constitution of India have been filed seeking following relief(s):

"(i) For the issuance of an appropriate writ/writs, order / orders, direction /directions in the nature of certiorari for quashing of the letter no. 1886 dated 09.12.2016 issued under the seal and signature of Head H.R. whereby and whereunder services of the petitioner was returned to show called Contractors i.e. Inov Source Private Limited contrary to the fact that the petitioner was appointed by the Jharkhand Silk, Textile and Handicraft Development Corporation Limited (thereinafter referred to as Jharcraft) directly and not in the Contractor Company and therefore the aforesaid return of the services to the private contractor who were neither the appointing authority nor appointments were done by them rather after appointment to show that he is the employee of M/s Inov Source Private Limited they have returned the service whereas the petitioner is working on sanctioned post as an advertisement was also issued by the Jharcraft and the same was also published by the Industry Department thus the order of return of service by way of termination too without issuing any show cause notice or without any departmental proceeding itself is wrong and liable to be set aside.

(ii) Petitioner further prays for the issuance of an appropriate writ/writs, order /orders, direction / directions upon the respondent to immediately and forthwith after setting aside the order aforesaid he may be reinstated in service as the petitioner is the employee of Jharcraft and in the appointment process nor in the advertisement the name of the company was ever been mentioned therefore the termination or return of service to a private company itself is illegal and arbitrary.

(iii) Petitioner further prays or the issuance of an appropriate writ/writs, order/ orders, direction/directions upon the respondent that the payment with respect to the petitioner be also paid from the date of his appointment with effect from 01.11.2016 as he has worked and has been allowed to join but no payment has been made after the appointment till he worked in the Jharcraft".

Factual Matrix:

3. The facts of the case as per pleadings made in W.P.(S) No. 204 of 2017 are required to be enumerated which are as under:

(i) It is stated that the advertisement was published under the seal and signature of respondent no. 3 on 19.10.2016 and an application was invited for the different posts including the post of Assistant General Manager, Central Government Scheme and State Government Scheme and other different posts.

(ii) It is stated that with regard to the above recruitment the advertisement was also published in the website of the Jharkhand Government, Department of Industries and an application was also invited to the above stated posts and all the requisite qualification and other condition was mentioned in the said website.

(iii) It is stated that in pursuant to the advertisement petitioner submitted his application for the post of Assistant General Manager, Central Government Scheme and also for the Assistant General Manager, State Government Scheme. Thereafter the petitioner was called for an interview by the respondent Jharcraft and he was finally declared successful but during the course of interview it was specified to the petitioner that both the posts have been merged as an Assistant General Manager, Government Scheme and thereafter the petitioner was declared successful and was appointed.

(iv) It is further stated that the respondent no. 4 issued a letter bearing reference no. 1415 dated 31.10.2016 and it was informed that the petitioner along with other employees who were sel

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2026 Supreme(Jhk) 506

A candidate who accepts a contractual appointment and joins without protest is estopped from challenging the terms, including termination; courts will not rewrite the contract under Article 226. Public appointments must adhere to fairness under Articles 14 and 16, but estoppel bars relief.

Cases Referred (7)