AMIT SINGH Vs. UNION OF INDIA AND ANR

JUDGEMENT

(1.) By filing this petition, petitioner has challenged the order dated 15th December, 2009 (Annexure P/1). By this order, petitioner's candidature was cancelled.

(2.) Learned counsel for the petitioner submits that petitioner submitted his candidature for the post of clerk. The petitioner was permitted to participate in the examination. However, by the impugned order petitioner's candidature was erroneously rejected. The singular contention advanced is based on section 115 of the Evidence Act. It is contended that once the petitioner was permitted to participate in the examination, the respondents are estopped from raising any objection about his eligibility.

(3.) It is opposed by the other side. By placing reliance on Annexures R/1 and R/4 Shri Chetan Kanungo, learned counsel for the respondent submits that petitioner and certain other persons were erroneously permitted to appear in the written examination, but this will not bestow any right to them to get selected.