Facts
The petitioner applied for the post of Constable (Band) in the Railway Protection Force under Employment Notice No. 01 of 2016.
Source reference: para. 2He participated in the Physical Efficiency Test (PET), Physical Measurement Test (PMT), and a Trade Test, in which he qualified.
Source reference: para. 3, 6However, his name was not included in the final merit list published on 09.01.2020.
Source reference: para. 4, 6The respondents contended that the training certificate initially submitted by the petitioner from Bhedak Sudarshan Chitra Pat Kala Vikash Mandal did not specify the required two-year duration of training.
Source reference: para. 7The petitioner challenged his non-selection as arbitrary and illegal.
Source reference: para. 4Issues
1. Whether a candidate can challenge the selection process after participating in it without protest and being declared unsuccessful.
Source reference: para. 52. Whether the petitioner's non-selection was valid given the deficiency in his experience certificate at the time of document verification.
Source reference: para. 7, 9Law Applied
The court applied the doctrine of estoppel in recruitment processes as established by the Hon’ble Supreme Court in Madan Lal and Ors. Vs. State of J & K and Ors. (1995) 3 SCC 486, which holds that an unsuccessful candidate who participated in a selection process without demur cannot subsequently challenge the process itself.
Source reference: para. 5The court also adhered to the eligibility criteria set out in Employment Notice No. 01 of 2016 and Directive-34 regarding the verification of musical instrument experience certificates.
Source reference: para. 5, 6Reasoning
The court found that the petitioner participated in the entire recruitment cycle—written examination, PET/PMT, and Trade Test—without raising any objections to the procedure or the corrigendum issued by the department.
Source reference: para. 5, 6Applying the Madan Lal precedent, the court deemed the challenge to the process maintainable.
Source reference: para. 5, 6Regarding the merits, the court noted that the petitioner’s initial certificate dated 23.11.2012 failed to mention the specific time period of training required by the advertisement.
Source reference: para. 7Since the petitioner did not dispute this factual deficiency nor file a response to the respondents' counter-affidavit, the court held that any certificate produced after the conclusion of the selection process could not be considered.
Source reference: para. 7, 9Furthermore, the court noted that similar reliefs had already been declined to other candidates in CWJC No. 206 of 2021 and CWJC No. 6 of 2021.
Source reference: para. 8Holding
The court answered both issues against the petitioner, holding that the petition lacked merit due to the candidate's failure to provide a valid experience certificate during the prescribed verification stage and the legal bar against challenging a process after being declared unsuccessful.
The writ petition was dismissed.
Source reference: para. 9Original Court PDF
Chimnaji Narayan SarodevsThe Union of India
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