Case Note & Summary
The High Court of Karnataka at Kalaburagi dealt with a batch of six writ petitions challenging the recruitment process for various posts in the University of Agricultural Sciences, Raichur. The petitioners, who had applied for posts such as Driver, Typist/Computer Operator, and Library Assistant, sought to quash notifications issued in 2016 and 2017 that altered the selection criteria from the 2010 scorecard method to a competitive examination procedure introduced by the 2015 amendment to the Karnataka Civil Services (Direct Recruitment by competitive examination and selection) (General) Rules, 2006. The University had initially adopted the scorecard method in 2010, but following the 2015 amendment and a decision by the Coordinate Committee of Agricultural Universities, it revised the selection rules. The petitioners contended that this change was impermissible after the recruitment process had begun, relying on the principle that 'rules of the game cannot be changed once the game has begun' as settled in K. Manjusree v. State of Andhra Pradesh and N.T. Bevin Katti v. KPSC. They argued that the notifications were arbitrary and violative of Articles 14 and 16 of the Constitution. The respondents, including the University and the selected candidates, countered that the petitioners were aware of the changes and participated in the selection process without protest, and therefore they were estopped from challenging the criteria under the doctrines of estoppel and approbate/reprobate. The court examined the chronological background, noting that the amended rules had been adopted and publicized well before the written tests, and that the principle of non-alteration of 'rules of the game' applies only when a clear and abrupt change is made after the commencement of the process to the detriment of candidates who had legitimate expectations. The court observed that despite the reference of Manjusree’s ratio to a larger bench, the precedent remained binding. Ultimately, the court held that the petitioners, having consciously participated in the changed selection procedure without any demur, could not be allowed to turn around and assail it after the results were declared, and thus the writ petitions were liable to be dismissed. The judgment underscores the balance between the right to fair recruitment and the responsibility of candidates to object to irregularities in a timely manner.
Headnote
A) Service Law - Recruitment - Change of Selection Criteria - Constitution of India, Articles 14, 16; Karnataka Civil Services (Direct Recruitment by competitive examination and selection) (General) Rules, 2006, as amended in 2015 - The court examined the principle that rules of selection cannot be changed after the process has begun. Petitioners challenged notifications altering the scorecard method after the advertisement, seeking a mandamus to proceed with earlier criteria. The court noted that the change was adopted following the 2015 amendment to the Karnataka Civil Services Rules and was publicized before the written test. Held, a candidate who participates without demur cannot later object. (Paras 1-5) B) Precedent - Binding Effect - Reference to Larger Bench - The court reiterated that a Supreme Court decision remains binding even if referred to a larger bench, unless overruled. The ratio in K. Manjusree v. State of Andhra Pradesh, AIR 2008 SC 1470, continues to hold the field. (Para 6) C) Estoppel - Approbate and Reprobate - Waiver of Right to Object - The court held that a litigant cannot be allowed to approbate and reprobate; consciously taking a chance and awaiting the result precludes a subsequent challenge. The petitioners, by participating in the selection under the altered criteria without objection, are estopped. (Paras 3-4)
Issue of Consideration
Whether the University of Agricultural Sciences, Raichur, could change the evaluation criteria for recruitment after the notification inviting applications and whether the petitioners who participated in the selection process without protest are estopped from challenging the criteria.
Law Points
- Rules of the game cannot be changed once the game has begun
- K. Manjusree v. State of Andhra Pradesh (2008)
- N.T. Bevin Katti v. KPSC (1990)
- doctrine of estoppel
- approbate and reprobate
- precedent even if referred to larger bench holds good till overruled
- Karnataka Civil Services (Direct Recruitment by competitive examination and selection) (General) Rules 2006 as amended in 2015
