LexRAMESH CHANDRA SHAH AND OTHERS versus ANIL JOSHI AND OTHERS
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[2013] 5 S.C,R. 687 RAMESH CHANDRA SHAH AND OTHERS v. ANIL JOSHI AND OTHERS (Civil Appeal Nos. 2802-2804 of 2013) APRIL 3, 2013 [G.S. SINGHVI AND KURIAN JOSEPH, JJ.] Service Law - Selection - Procedure of - Challenge to A B - Waiver of right to objection ..:.. Held: Person who consciously takes part in the process of selection cannot, thereafter, tum C around and question the method of selection and its outcome -:- On facts, the private respondents having taken part in the . process of selection with full knowledge that recruitment was being made under the General Rules, they had waived their right to question the advertisement or the methodology D adopted for making selection - Having appeared in the written · test and taken a chance to be declared successful, they will be deemed to have waived their right to challenge the . advertisement and the procedure of selection - The conduct of the private respondents clearly disentitles them from E seeking relief under Art.226 of the Constitution - High Court committed grave error by entertaining the grievance made by them - Uttar Pradesh Medical Health and Family Welfare Department Physiotherapist and Occupational Therapist Service Rules, 1998 (Special Rules) - Uttarakhand F · Procedure for Direct Recruitment for Group •c" Posts (Outside the purview of the Uttarakhand Public Service Commission) Rules, 2008 (General Rules) - Uttar Pradesh Procedure for Direct Recruitment for Group 'C' Posts (Outside the purview of the Uttar Pradesh Public Service Commission) Rules, G · 1998 - Doctrines -Doctrine of waiver. In response to ~n advertisement published in a newspaper, the appellants and the private respondents submitted applications for the posts of Physiotherapist 687 H 688 SUPREME COURT REPORTS [2013] 5 S.C.R. A and appeared in the written test. The appellants were declared successful and became entitled to be appointed against the advertised posts. The private respondents, who failed to clear the test filed Writ Petition for quashing the advertisement and the process of selection. They B pleaded that the advertisement and the test conducted by the Uttarakhand Board of Technical Education were ultra vires the provisions of the Uttar Pradesh Medical Health and Family Welfare Department Physiotherapist and Occupational Therapist Service Rules, 1998 ['the c Special Rules']. The Single Judge allowed the writ petition and quashed the selection with a direction that the available posts be advertised afresh. On appeal, the Division Bench of the High Court held that after having taken a D chance for selection, the private respondents were not entitled to question the process of selection. Notwithstanding this conclusion, the Division Bench observed that the private respondents were entitled to insist for a direction to complete the selection process by E adding 30% marks for intermediate examination and 70% marks for diploma/degree examination to the marks obtained by each examinee, who appeared in the test conducted by the Board and also to declare that those who have not obtained 30% marks in diploma/degree F examination are unfit. In the instant appeal, the appellants contended that after having accepted their contention on the issue of locus of the private respondents to challenge the process of selection, the Division Bench of the High G Court was not justified in directing the Board to prepare fresh select list by adding marks for intermediate and degree/diploma qualifications; and that the Single Judge and the Division Bench committed grave error by refusing to non-suit the private respondents despite the H RAMESH CHANDRA SHAH v. ANIL JOSHI 689 fact that from the stage of submission of applications they A . knew that the selection was being held in accordance with the Uttarakhand Procedure for Direct Recruitment for Group "C" Posts (Outside the purview of the Uttarakhand Public Service Commission) Rules, 2008 (General Rules). Allowing the appeals, the Court HELD:1.1. Those who were desirous of competing for the post of Physiotherapist, which is a Group 'C' post B In the State of Uttarakhand must have, after reading the advertisement, become aware of the fact that by virtue of C Office Memorandum dated 3.8.2010, the Uttarakhand Board of Technical Education has been designated as the recruiting agency and the selection will be made In accordance with the provisions of the Uttarakhand
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