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Public Employment: Principle Of Estoppel Does Not Apply When There Were Glaring Illegalities In Candidate Selection Procedure: SC
The Supreme Court observed that when illegalities have been committed in the procedure to get the candidates for examination, the principle of estoppel by conduct has no application.
The bench comprising of Justices Ashok Bhushan and Navin Sinha observed thus while uphold the High Court judgment which had set aside the selection process to the post of Physical Training Instructor conducted by Haryana Staff Selection Commission.
The court notes that the preposition that a candidates for examination, who participates in a selection without hesitation taking a calculated chance to get selected cannot turn around and challenge the criteria of selection and the constitution of the selection committee is well settled.
Referring to earlier judgments in Raj Kumar and Others Vs. Shakti Raj and Others, and Bishnu Biswas and others Union of India and others, the courts, in facts of the case, said:
“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 shortlisting the candidates for interview, that too only by Chairman of the commission, the candidates have every right to challenge the entire selection process so conducted.
The selection and appointment on post borne on the state establishment provides an opportunity to citizens of public employment. The personnel who man the civil posts in state apart from carrying out objectives and policies of state also serve as source of sustenance for their families. The selection and appointment on post in the state have to conform to the fundamental rights guaranteed to the citizens under Article 14 and 16. The objective of a state in selecting persons in public service has always been to select the best and most suitable person.
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