Petitioner challenged bonus marks guidelines after failing in merit, though she did not protest during selection. Court dismissed writ citing estoppel and approbate/reprobate principle.
Writ petition dismissed as devoid of merit based on principle of approbate and reprobate.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1919/2020
Pushpa Kumari D/o Shri Hardan Ram, Aged About 25 Years, R/o Vpo- Nimbal Kot, Tehsil Sindhari, District Barmer.
----Petitioner
Versus
----Respondents
| For Petitioner(s) | : Mr. |
Raghu Nandan Sharma |
|---|---|---|
| For Respondent(s) | : |
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
24/02/2020
The petitioner after participating in the selection process and having not found herself in the merit challenges the conditions laid down in the guidelines for grant of bonus marks 10, 20 and 30 for each year of experience.
Learned counsel for petitioner submits that in the initial advertisement which was issued on 9th April, 2018, the bonus marks which were to be granted were mentioned as 5, 10 and 15. It was later on not mentioned in the subsequent advertisement issued on 30th May, 2018.
(2 of 3)
[CW-1919/2020]
Learned counsel submits that the Notification/Guidelines issued on 17th June, 2019 for the first time mentions about grant of bonus marks as 10, 20 and 30. The said decision of the State Government for granting bonus marks as 10, 20 and 30 has resulted in ousting the petitioner from merit.
This court notices that while the State Government had issued guidelines on 17th June, 2019, the merit list was prepared subsequently on 8th January, 2020 wherein the petitioner did not find place in the merit. Thus having participated and after final result was declared wherein the petitioner was found herself unsuccessful, she has challenged the said guidelines as such she is estopped from challenging the guidelines after having remained unsuccessful. The Supreme Court in the case of Municipal Corporation of Delhi Vs. Surender Singh & Ors., reported in (2019) 8 SCC 67 has held as under:
“18. From a perusal of the said Clause it is noticed that though under the very Clause there is no cutoff marks specified, Clause 25 would, however, provide the full discretion to the DSSSB to fix the minimum qualifying marks for selection. In the instant case, keeping in view that the recruitment was for the post of Assistant Teacher (Primary) and also taking note of the orders passed by the High Court in an earlier petition requiring the maintenance of minimum standards, the DSSSB while preparing the select list had stopped the selection at a point which was indicated as the cutoff percentage. In a circumstance where Clause 25 was depicted in the Advertisement No.1/2006, when the private respondents herein and the other petitioners before the High Court were responding to the said Advertisement, if at all they had a grievance that the Clause is arbitrary and might affect their right ultimately since no minimum marks that is to be obtained has been indicated
(3 of 3)
[CW-1919/2020]
therein, they were required to assail the same at that stage. On the other hand, despite being aware of the Clause providing discretion to DSSSB to fix the minimum qualifying marks, they have participated in the selection process by appearing for the qualifying examination without raising any protest. In that circumstance, the principle of approbate and reprobate would apply and the private respondents herein or any other candidate who participated in the process cannot be heard to complain in that regard.”
In view of the above law as settled by the Apex Court (supra), the writ petition is found to be devoid of merit and the same is accordingly dismissed.
(SANJEEV PRAKASH SHARMA),J
FATEH RAJ BOHRA /6-479
2 issues framed by the court
Whether a candidate who participated in a selection process without protesting irregular awards of bonus marks can challenge those guidelines after failing to secure a merit position.
Whether the principle of approbate and reprobate estops the petitioner from challenging the guidelines after participating in the selection process.
Colour shows how this judgement treated each authority
Municipal Corporation of Delhi Vs. Surender Singh & Ors.Explained¶19
(2019) 8 SCC 67 · Who else cites this
Pushpa Kumari
The State Of Rajasthan
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
