NDLI: Krishna Rai (dead) Through Lrs & Ors Vs. Banaras Hindu University Through Registrar & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service law: Principle of estoppel and acquiescence whether would prevail over statutory service rules prescribing procedure for promotion of Class-IV employees to Class-II working in the Central University
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service law: Principle of estoppel and acquiescence whether would prevail over statutory service rules prescribing procedure for promotion of Class-IV employees to Class-II working in the Central University – Single Judge held that the statutory rules would prevail and must be strictly adhered to – However, Division Bench set aside the judgment of single judge and held that the appellants having appeared in the examination process as also the interview without any protest upon being unsuccessful could not have challenged the selection process – On appeal, held: As per the Manual, all Class-IV employees, who have put in five years’ service and who have passed matriculation examination or equivalent, would be eligible for promotion to the post of Junior Clerk Grade – Such eligible candidates would be tested in a typing test in English/ Hindi for a minimum speed of 30 words per minute – This type test was not mandatorily required to be qualified and even those eligible candidates, who could not qualify the type test, but were otherwise eligible having passed in the departmental test, would be allowed two years’ time after joining to qualify the typing test – The only test required for eligible candidates was to pass in the departmental test i.e. the test of simple English, Hindi and Arithmetic – However, Board of Examiners on their own changed the criteria and made it purely merit based by introducing an interview – There is neither any provision nor any other indication in the manual duly approved by the Executive Council for such merit list – Hence, Division bench fell in error in applying the principle of estoppel that the appellants having appeared in the interview and being unsuccessful proceeded to challenge the same – Appellants were class-IV employees working from 1977 onwards and expecting from them to have raised the objection at the stage of interview was too far-fetched and unreasonable – It is settled principle that principle of estoppel cannot override the law – Therefore, the manual duly approved by the Executive Council will prevail over any such principle of estoppel or acquiescence.
Judge	Hon'ble Mr. Justice Vikram Nath
Neutral Citation	2022 INSC 647
Petitioner	Krishna Rai (dead) Through Lrs & Ors
Respondent	Banaras Hindu University Through Registrar & Ors.
SCR	[2022] 7 S.C.R. 1104
Judgement Date	2022-06-16
Case Number	4578

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1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
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