Candidates participating in a selection process are barred from challenging the process after being unsuccessful, emphasizing the principle of estoppel.

Order

18/08/2021

Instant writ petition has been filed by the petitioner with the following prayers:-

“I) by an appropriate writ order or direction thereof, thereby, impugned order letter dated 22.10.2020 (Annexure-9) may kindly be declared arbitrary, discriminatory and unconstitutional.

ii) by an appropriate writ order or direction thereof, thereby the respondents may kindly be directed to appoint the petitioner on the post of Senior Scientific Officer (Biology Division) with all consequential benefits w.e.f.

similarly situated candidates appointed.

Iii) any other appropriate order or direction which the Hon’ble Court may deem just, proper and expedient in the facts and circumstances of the case may kindly be passed in favour of the petitioner.

iv) Cost of the petition may kindly be quantified as petitioner has been dragged in instant litigation.”

In pursuance to the advertisement dated 21.05.2019, the petitioner applied for the post of Senior Scientific Officer (Biology Division) and according to the advertisement the education qualification prescribed for the post of Senior Scientific Officer (Biology Division) is as under:-

“(a) M.Sc. IInd division in Zoology/Bio- Chemistry.

(b) Two years’ experience of working in a Forensic Science Laboratory of a State or Central Government or similar experience in public Undertaking or Corporation.”

Candidature of the petitioner has been rejected by the respondents on the ground of not having the requisite experience of working in a Forensic Science Laboratory of a State or Central Government or similar experience in public Undertaking or Corporation as prescribed under the Rules/advertisement.

Counsel for the petitioner submits that the respondents have committed serious illegality by not considering the experience certificate of the petitioner issued by Mahatma Gandhi Medical College & Hospital (Mahatma Gandhi University of Medical Sciences & Technology, Jaipur). Counsel further submits that the Mahatma Gandhi University of Medical Sciences & Technology, Jaipur is established under the statute, therefore, the experience of the petitioner with the Mahatma Gandhi Medical College & Hospital, which is run by Mahatma Gandhi University of Medical Sciences & Technology, Jaipur is equivalent to the experience in a Forensic Science Laboratory of a State or Central Government or similar experience in public Undertaking or Corporation.

Counsel for the respondents has opposed the submissions made by counsel for the petitioner and submitted that since, the petitioner is not having the requisite qualification as mentioned in the Rules/advertisement, the petitioner has been rightly disqualified by the respondents from the process of selection. Counsel further submits that once the petitioner has participated in the process of selection he has estopped to challenge the same.

In support of his contention, counsel relied upon a judgment passed by the Hon’ble Supreme Court in the matter of Ashok Kumar and Another Vs. State of Bihar and Ors. reported in (2017) 4 SCC 357, wherein para No.13 to 18, it has been held as under:-

13.The law on the subject has been crystalized in several decisions of this Court. In Chandra Prakash Tiwari v. Shakuntala Shukla MANU/SC/0447/2002 : (2002) 6 SCC 127, this Court laid down the principle that when a candidate appears at an examination without objection and is subsequently found to be not successful, a challenge to the process is precluded. The question of entertaining a petition challenging an examination would not arise where a candidate has appeared and participated, He or she cannot subsequently turn around and contend that the process was unfair or that there was a lacuna therein, merely because the result is not palatable. In Union of India v. S. Vinodh Kumar MANU/SC/7926/2007 : (2007) 3 SCC 100 , this Court held that:

“The law on the subject has been crystalized in several decisions of th