KRISHNA RAI (DEAD) THROUGH LRS & ORS versus BANARAS HINDU UNIVERSITY THROUGH REGISTRAR & ORS.

Citation: [2022] 7 S.C.R. 1104 · Decided: 16-06-2022 · Supreme Court of India · Bench: DINESH MAHESHWARI · Disposal: Appeal(s) allowed

Cited by 1 judgment(s) · cites 6 · see the full citation network in Lexace

Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 7 S.C.R.
   [2022] 7 S.C.R. 1104
1104
KRISHNA RAI (DEAD) THROUGH LRs & ORS.
v.
BANARAS HINDU UNIVERSITY THROUGH
REGISTRAR & ORS.
(Civil Appeal Nos. 4578-4580 of 2022)
JUNE 16, 2022
[DINESH MAHESHWARI AND VIKRAM NATH, JJ.]
Service law: Principle of estoppel and acquiescence whether
would prevail over statutory service rules prescribing procedure
for promotion of Class-IV employees to Class-II working in the
Central University – Single Judge held that the statutory rules would
prevail and must be strictly adhered to – However, Division Bench
set aside the judgment of single judge and held that the appellants
having appeared in the examination process as also the interview
without any protest upon being unsuccessful could not have
challenged the selection process – On appeal, held: As per the
Manual, all Class-IV employees, who have put in five years’ service
and who have passed matriculation examination or equivalent,
would be eligible for promotion to the post of Junior Clerk Grade –
Such eligible candidates would be tested in a typing test in English/
Hindi for a minimum speed of 30 words per minute – This type test
was not mandatorily required to be qualified and even those eligible
candidates, who could not qualify the type test, but were otherwise
eligible having passed in the departmental test, would be allowed
two years’ time after joining to qualify the typing test – The only test
required for eligible candidates was to pass in the departmental
test i.e. the test of simple English, Hindi and Arithmetic – However,
Board of Examiners on their own changed the criteria and made it
purely merit based by introducing an interview – There is neither
any provision nor any other indication in the manual duly approved
by the Executive Council for such merit list – Hence, Division bench
fell in error in applying the principle of estoppel that the appellants
having appeared in the interview and being unsuccessful proceeded
to challenge the same – Appellants were class-IV employees working
from 1977 onwards and expecting from them to have raised the
objection at the stage of interview was too far-fetched and
unreasonable – It is settled principle that principle of estoppel cannot
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override the law – Therefore, the manual duly approved by the
Executive Council will prevail over any such principle of estoppel
or acquiescence.
Allowing the appeals, the Court
HELD: 1. As per para 6.4 of the Manual duly approved by
the Executive Council’s Resolution No.223 dated 2/3rd of
November, 1980, all Class-IV employees, who have put in five
years’ service and who have passed matriculation examination
or equivalent, would be eligible for promotion to the post of Junior
Clerk Grade. Such eligible candidates would be tested in a typing
test in English/Hindi for a minimum speed of 30 words per minute.
The note appended to such Clause of typing test mentions that if
an employee does not pass the typing test and is otherwise eligible
for promotion, he be promoted subject to the condition that he
passes the typing test within two years from the date of his
promotion failing which, he would be reverted. The note further
provided that for such employees the typing test would be held
twice a year. Para 6.4(ii)(b) provided that two papers of simple
English, Hindi and Arithmetic of one hour duration would be held.
[Para 14][1112-B-D]
2. The net effect of the above eligibility and procedure
prescribed for promotion of Group D Class IV employees to the
cadre of Junior Clerk would be that (1) a type test would be held
with a minimum speed of 30 words per minute in Hindi/English.
This type test was not mandatorily required to be qualified and
even those eligible candidates, who could not qualify the type
test, but were otherwise eligible having passed in the
departmental test, would be allowed two years’ time after joining
to qualify the typing test and for such candidates, typing test would
be held twice a year. The only test required for eligible candidates
was to pass in the departmental test i.e. the test of simple English,
Hindi and Arithmetic. [Paras 16 and 17][1112-F-G]
3. In the present case, the Board of Examiners comprising
of large number of Members changed the entire procedure and
they established a completely new procedure. They awarded 20
marks for the type test treating it to be compulsory, 60 marks for
the written departmental test of simple English, Hindi and
KRISHNA RA

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