Can a candidate who let the selection process conclude challenge it only after appointments are issued?
Coram: Justice S.M.Subramaniam · Justice N.Senthilkumar · Justice N. Senthilkumar
No. If there is any illegality in the recruitment notification, an aggrieved person must challenge it before completion of the selection process; if the taint is discovered only after publication of the selected list, the aggrieved person must approach the Court immediately without undue delay, and cannot wait until after appointment orders are issued.
Constitution of India, 1950 — Art.226 — Service Law — Delay and laches — Recruitment selection challenge — Service Law — Selection process — Fence-sitter doctrine — Challenge after appointment barred — Held: A candidate who allows the recruitment selection process to be completed without challenging an alleged illegality must approach the Court immediately upon becoming aware of the defect, and cannot wait until appointments are issued. Fence sitters who participate in selection are not entitled to maintain a writ petition after completion of the process and issuance of appointment orders. (¶7, 8) Constitution of India, 1950 — Art.226 — Writ jurisdiction — Delay and laches amounting to acquiescence — Held further: A writ petition filed nearly two years after the recruitment notification and about a year after appointment of selected candidates, and only after a subsequent Division Bench judgment on a related batch, is barred by delay and laches tantamounting to acquiescence, and the relief of quashing the provisional selection list after appointment orders have been issued is not maintainable. Writ Appeal and connected Writ Petition dismissed. (¶6, 9)
One judgment a day. That's the whole habit.
Read the full text of 1.B.Unnamalai 2.V.Suganthi 3.K.Ramesh v. 1.The State of Tamil Nadu Rep. By its Principal Secretary to Government Human Resources Development Department Fort St. George, Chennai – 600 009 — and get the Supreme Court's output as a five-minute daily read, with plain-language headnotes and the questions each judgment settles.
Create my free accountFree forever plan · 30 seconds · data stays in India