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Karnati Ravi & Anr. v. Commissioner, Survey Settlements and Land Records & Ors.

Civil Appeal · 2017 INSC 652Decided 20 Jul 2017
Civil Appeal No. 897 of 2010
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellants had applied for appointment as Deputy Surveyor and admittedly possessed the prescribed qualifications. Since the Rules did not lay down a selection procedure, the authorities issued executive instructions requiring candidates to clear a written test and a physical endurance test. The appellants cleared the written test but failed the physical endurance test, and then challenged the validity of requiring that test at all, arguing it was not provided for in the Rules.

Decision Breakdown

The Supreme Court held that where statutory Rules are silent on the method of selection, the Executive is well within its power under Article 162 of the Constitution to fill the gap through executive instructions, so long as they do not conflict with the Rules themselves. The Court also noted that even the written examination the appellants did clear was not itself "prescribed" by the Rules, yet they raised no objection to that part of the process. Having voluntarily participated in both the written test and the physical endurance test without protest, the appellants could not turn around afterward and challenge the same process simply because they failed one component. The appeals were accordingly dismissed.

Lesson Learnt

A candidate who takes part in a selection process without objecting to its terms cannot later challenge that same process merely because of an unfavourable result; and where rules are silent, the government may validly fill procedural gaps through executive instructions.

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

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