Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 2001 Service Law: Bihar Civil Court Staff (Class III and Class IV) (Amendment) Rules |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Service Law: Bihar Civil Court Staff (Class III and Class IV) (Amendment) Rules, 2001 - rr.5,6, 7, 10 - Promotion through selection - Selection Criteria - Eighty five marks a/located for written examination and fifteen for interview - Select list not approved - Fresh selection process with a/location of marks for written exam and interview in the ratio of 90:10 - Appellants participated in the fresh process of selection but were unsuccessful and subsequently, they challenged the selection process - Propriety - Held : Appellants appeared in an examination without any objection to process of selection - They cannot subsequently turn around and contend that the selection process was unfair or that there was a lacuna therein, merely because result is not palatable - Principle of estoppel would operate - Constitution of India - Art. 309 - Principle of estoppel. Applications were invited for promotion to Class III posts from amongst Class IV employees of the Civil Court. Eighty five marks were fixed for the written examination and fifteen for the interview. Appointment committee submitted list of selected candidates to High Court. High Court declined to approve the select list and issued a communication requiring holding of fresh written examination carrying ninety marks and interview often marks. Appellants participated in the fresh process of selection but were unsuccessful and subsequently, they challenged the selection process. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2016 INSC 1205 |
Petitioner | Ashok Kumar & Anr |
Respondent | State Of Bihar & Ors |
SCR | [2016] 8 S.C.R. 815 |
Judgement Date | 2016-10-21 |
Case Number | 9092 |
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