CAT - Chennai

Unsuccessful candidates are estopped from challenging expert-finalized answer keys after participating in the selection process without protest.

M ARUNKUMAR vs Bharat Sanchar Nigam Ltd

CAT - ChennaiJUDGMENT: March 10, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The applicant, an OBC candidate, participated in BSNL’s 2016 recruitment drive for 2,700 Junior Engineer posts

Source reference: p. 2

He secured 112.05 marks, while the last selected OBC candidate secured 113 marks

Source reference: p. 2

The first answer key indicated "0 and 1" (the applicant’s choice), but a revised second key changed the answer to "–1 and 1"

Source reference: p. 3

This revision resulted in a loss of 1.25 marks for the applicant, placing him below the cutoff

Source reference: p. 3

The applicant challenged the revision as scientifically incorrect, citing standard engineering textbooks

Source reference: p. 3

During the pendency of the OA, the applicant was appointed against an unfilled vacancy on June 22, 2018, after furnishing an undertaking

Source reference: p. 9

The respondents contended that the revision followed a report by a duly constituted Expert Committee after inviting objections

Source reference: para. 8
02

Issues

1. Whether the respondents’ action in revising the answer key for Question No. 60 was illegal and whether the Tribunal can adjudicate the scientific correctness of an answer finalized by an Expert Committee.

Source reference: para. 11, 12

2. Whether a candidate, having participated in a selection process without protest, is entitled to challenge the selection methodology or answer key after being declared unsuccessful.

Source reference: para. 16, 18
03

Law Applied

The Tribunal applied Clause 37 of the Recruitment Notification (26.04.2016), which explicitly prohibits revaluation

Source reference: para. 11

It relied on the principle of administrative finality regarding Expert Committee reports, asserting that courts are not equipped to sit in judgment over technical expert bodies

Source reference: para. 15

Precedentially, the court applied the doctrine of estoppel as established in Manish Kumar Shahi v. State of Bihar (2010) 12 SCC 576 and Ramesh Chandra Shah v. Anil Joshi (2013) 11 SCC 309, which holds that candidates who participate in a selection process with full knowledge of the rules waive their right to challenge the methodology subsequently

Source reference: para. 16, 17

It further cited Union of India v. S. Vinodh Kumar (2007) 8 SCC 100 regarding the non-maintainability of challenges by unsuccessful candidates

Source reference: para. 19
04

Reasoning

The Tribunal reasoned that the recruitment process was conducted transparently, involving a provisional answer key and a window for objections which were reviewed by an Expert Committee

Source reference: para. 8, 15

It held that evaluating the correctness of technical answers is beyond the Tribunal's scope and that interfering with a finalized All-India merit list after nine years would cause undue disruption

Source reference: para. 12, 13

The Tribunal emphasized that the applicant had already accepted an appointment in 2018 via an undertaking, thereby settling his individual grievance

Source reference: para. 9, 13

By applying the Supreme Court's "participation without protest" rule, the Tribunal determined that the applicant was legally barred from questioning the evaluation process after failing to meet the initial merit cutoff

Source reference: para. 18, 20
05

Holding

The Tribunal dismissed the Original Application, holding that it lacked the jurisdiction to override the technical findings of an Expert Committee

The Court ruled that since the applicant participated in the selection process knowing the rules and was subsequently appointed during the litigation, no further relief was warranted

Source reference: para. 13, 20

The prayer to declare the revised answer key invalid was rejected, and the OA was dismissed as devoid of merits

Source reference: para. 20
CAT - Chennai

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M ARUNKUMARvsBharat Sanchar Nigam Ltd

CAT - Chennai · March 10, 2026

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