Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Service Law: Appointment Post of Sub-Inspector of Police - Selection procedure - To hold written exams and candidates qualifying therein to appear in physical test followed by interview - Selection Committee holding interview prior to holding of physical test - Correctness of - Held: In view of the nature of job, physical ability test was extremely important- Passing in physical test is sine qua non for selection of candidates to the said post - It was a competitive test - Thus, merit list should have been prepared not only on basis of written test and interview but also physical ability test. Appointment - Selection process - Change in, by Selection Committee - Candidate participating in selection process without any demur - Estoppel, applicability of - Held: Candidate accepted the change in the selection procedure sub silentio - He did not challenge the appointment of candidates made but challenged appointment of candidate F made pursuant to increase in number of vacancies from time to time - He cannot now be permitted to turn round and contend that procedure adopted was illegal - He is estopped and precluded from doing so. Applications were invited for filling up the vacant posts of Sub-Inspector of Police. As per the procedure, candidates possessing necessary qualifications were to be called for written exams and the candidates qualifying therein were to appear in physical test followed by interview. Appellant and private respondents applied for the post. The dates were fixed for written test and physical ability test. Written test was held. Thereafter, Selection Committee did not hold physical test but called B the appellants and private respondents for interview. 1803 candidates were short listed and the select list was published. It had life of two years. Appellant ranked 750 in the list. Thereafter, sanction was accorded for appointment of 174 Sub-Inspector of Police. The eligible candidates were called for physical ability test. 169 candidates cleared the physical test/medical test and were appointed. During the period the select list was active, 88 additional vacancies arose from the said select list, in view of the insurgency situation in the State. Names of the candidates appearing in the aforesaid select list from serial no. 175 onwards were taken and again select list was published. 84 candidates out of the said select list were asked to appear in the physical test. 75 candidates were found suitable for appointment. Appellant filed writ petition challenging the selection of 84 candidates to the post. During pendency thereof, 74 persons joined the post and have been working in the said post. However, Single Judge of High Court set aside the appointment of 54 candidates. Division Bench of the High Court upheld the appointment of private respondents, however, set aside the judgment of the Single Judge directing them to fill up remaining 14 vacancies by holding physical and medical test of the candidates from the select list containing the names of 1803 candidates. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 69 |
Petitioner | Amlan Jyoti Borooah |
Respondent | State Of Assam And Ors. |
SCR | [2009] 1 S.C.R. 593 |
Judgement Date | 2009-01-23 |
Case Number | 387 |
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