The Supreme Court has once again shared its emphasis on glaring illegalities have been committed in the procedure to get candidates for examination; the principle of estoppel has no application here.
Brief Facts
In a case between Ramjit Singh Kardam vs. Sanjeev Kumar C.A No.2130 of 2020[i] the Supreme Court bench comprising of Hon’ble Justice Ashok Bhushan and Hon’ble justice Navin Sinha observed and supported the decision of setting aside the selection process for the Physical Training Inspector conducted by Haryana Staff Selection Commission. The court is of the observation that, anyone who participates in the selection without any objection cannot turn around and challenge the criteria of the selection. The Supreme Court has referred to prior judgements in the case of Raj Kumar and ors. Vs. Shakti Raj and ors (1997) 9 SCC 527 where the judgment was “When candidate is not aware of the criteria of selection under which he was subjected in the process and the said criteria for the first time is published along with final result dated 10.04.2010, he cannot be estopped from challenging the criteria of selection and the entire process of selection. Further when the written examination as notified earlier was scrapped and every eligible candidate was called for interview giving a go bye to a fair and reasonable process for short listing the candidates for interview, that too only by Chairman of the Commission whereas decision regarding criteria of election has to be taken by Commission, the candidates have every right to challenge the entire selection process so conducted. The Division Bench of the High Court is right in its conclusion that the selection criteria, which saw the light of the day along with declaration of the selection result, could be assailed by the unsuccessful candidates only after it was published. Similarly, selection process which was notified was never followed and the selection criteria which was followed was never notified till the declaration of final result, hence, the writ petitioners cannot be estopped from challenging the selection. We, thus, hold that the writ petitions filed by the petitioners could not have been thrown on the ground of estoppel and the writ petitioners could very well challenge the criteria of selection applied by the Commission, which was declared by the Commission only at the time of declaration of the final result”[ii].
Key Features
1. Supreme Court of India has passed a judgement saying “the principle of estoppel does not apple when there were glaring illegalities in candidate selection procedure”[iii].
2. The Supreme Court has taken reference of the case of Raj Kumar and ors. Vs. Shakti Raj and ors (1997) 9 SCC 527.
3. The Court has finally observed that selection to a post by State Government has to guarantee the citizens their fundamental rights provided by the Constitution of India.
Conclusion
The person who is aware of the selection criteria and if the selection committee follows the same guideline as notified before, the candidate won’t be able to use the principle of estoppel. But in a scenario where the selection committee has notified a selection process, but never followed it the candidate has the right to use the principle of estoppel, as the applicant has applied to a certain post with the given guidelines, and in absent of the actual guidelines the person has the right to challenge the criteria of the selection.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
End Notes
[i] Livelaw News Network, [Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] Live Law (2020), https://www.livelaw.in/top-stories/estoppel-does-not-apply-illegalities-selection-procedure-155004 (last visited Apr 9, 2020).
[ii] Livelaw News Network, [Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] Live Law (2020), https://www.livelaw.in/top-stories/estoppel-does-not-apply-illegalities-selection-procedure-155004 (last visited Apr 9, 2020).
[iii] Livelaw News Network, [Public Employment] Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC [Read Judgment] Live Law (2020), https://www.livelaw.in/top-stories/estoppel-does-not-apply-illegalities-selection-procedure-155004 (last visited Apr 9, 2020).
