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2017 (9) TMI 2022 - SC - Indian LawsPrinciples of Estoppel - seeking promotion on the basis of seniority in another school (in the Light to the Blind School, Varkala) after having applied for being considered for appointment as Music Teacher in the Samuel LMS High School - whether both the schools are same or distinct identity. An objection was raised that since Respondent No. 1 herein had taken part in the selection process, she could not, after being not selected, be permitted to turn around and claim that the process of direct recruitment could not have been resorted to by the Management of Samuel LMS High School. HELD THAT:- In MADAN LAL & ORS VERSUS THE STATE OF JAMMU & KASHMIR AND ORS [1995 (2) TMI 441 - SUPREME COURT], the Petitioner laid challenge to the manner and method of conducting viva-voce test after they had appeared in the same and were unsuccessful. This Court held It is now well settled that if a candidate takes a calculated chance and appears at the interview, then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or Selection Committee was not properly constituted. As far as the present case is concerned an advertisement was issued by Respondent No. 6 inviting applications for the post of Music Teacher in Samuel LMS High School. Respondent No. 1 did not raise any objection at that stage that the post could not be filled in by direct recruitment and she should be considered for promotion. Not only that, she in fact, applied for the post and took part in the selection process. After having taken part in the selection process and being found lower in merit to the Appellant, she cannot at this stage be permitted to turn around and claim that the post could not be filled in by direct recruitment. The reasoning of the learned Single Judge in rejecting the objection is not in consonance with the law laid down by this Court. The order dated 25.07.2003 of the learned Single Judge is set aside - appeal allowed.
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