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Ashok Kumar & Anr v. State of Bihar & Ors

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9092 of 2012)Decided 21 Sept 2016
Civil Appeal No. 9092 of 2012
Chief Justice T.S. Thakur · Justice A.M. Khanwilkar · Dr. Justice D.Y. Chandrachud

Background

Two unsuccessful candidates among several Class IV employees challenged a promotion selection process to Class III posts in the Muzaffarpur District Court, arguing the written test/interview marks split (90:10) used did not match the split (85:15) required under the 2001 service rules. A Single Judge of the Patna High Court agreed and quashed the appointments, but a Division Bench reversed this on appeal, holding that the challengers were estopped from complaining since they had freely participated in the very selection process they later challenged after losing.

Decision Breakdown

The Supreme Court affirmed the Division Bench's view that a candidate who knowingly takes part in a selection process without objection cannot later challenge its outcome merely because of an unfavourable result, citing a string of its own precedents on this "cannot approbate and reprobate" principle. It also noted that the relevant rule's marks allocation was genuinely ambiguous (not a glaring illegality) and that no real prejudice was shown from using the 90:10 split. However, to balance equities for a remaining appellant who had continued working on a Class III post, the Court directed he be allowed to continue there provisionally pending the next regular selection round, with liberty to seek seniority credit for that period if later selected afresh. Subject to that adjustment, the High Court's judgment was affirmed and the appeal was disposed of with no order as to costs.

Lesson Learnt

A candidate who voluntarily participates in a selection process without objecting to its rules cannot turn around and challenge that process simply because they were not selected: courts call this "approbating and reprobating," and it is a recognised bar to relief even where the underlying rule is debatable.

Official source (sci.gov.in)View Judgment (PDF)

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