Case Note & Summary
The dispute arose from a recruitment process for the post of Physiotherapist conducted by the Uttarakhand Board of Technical Education. The appellants were successful candidates in the written test held on September 25, 2011, following an advertisement published on May 5, 2011. The private respondents, who failed to clear the test, filed a writ petition challenging the advertisement and selection process, claiming it was ultra vires the Special Rules governing recruitment. The learned Single Judge quashed the selection, directing a fresh advertisement for the posts. On appeal, the Division Bench upheld the quashing of the merit list but directed the Board to complete the selection process by adding marks for academic qualifications. The appellants contended that the private respondents had no locus to challenge the process since they participated in it, while the private respondents argued for the validity of the learned Single Judge's order. The Supreme Court analyzed the arguments and established that the private respondents, by participating in the selection process, waived their right to challenge it. The court referenced several precedents affirming that participation in a selection process precludes subsequent challenges to its validity. Ultimately, the Supreme Court allowed the appeals, set aside the previous orders, and dismissed the writ petition filed by the private respondents, leaving parties to bear their own costs.
Headnote
A) Administrative Law - Waiver of Rights - Participation in Selection Process - Doctrine of Waiver - The respondents, having participated in the selection process knowing the rules, waived their right to challenge the advertisement and selection methodology. The court held that their participation constituted acceptance of the process, thus barring them from seeking relief (Paras 17-24).
Issue of Consideration
Whether the private respondents had the locus to challenge the selection process after participating in it.
Final Decision
The Supreme Court allowed the appeals, set aside the orders of the learned Single Judge and the Division Bench, and dismissed the writ petition filed by the private respondents, with parties bearing their own costs.
Law Points
- Waiver of rights
- Recruitment process
- Locus standi
- General Rules
- Special Rules
