KENARAM BISWAS Vs. NADIA GRAMIN BANK

JUDGEMENT

(1.) THE Judgment of the Court was delivered by Heard the learned Advocates appearing for the parties.

(2.) ASSAILING the judgment and order dated 12th March, 2007 passed by the learned trial Judge in W.P. No. 22082 (W) of 2005, this appeal has been preferred.

(3.) BESIDES such, once appearing in the selection process and being unsuccessful, the person concerned cannot assail the selection process. It is a settled legal position of law that the principle of estoppel, acquiescence and waiver are applicable when selection process is challenged by unsuccessful candidate. It is also a case of approbate and reprobate. Reliance is placed to the judgement passed in the case Vijendra Kumar Verma v. Public Service Commission, Uttarakhand and Ors., reported in (2011) SCC 156 paragraph 24 thereof. In this case earlier views expressed by the Apex Court in the judgments G. Sarana(Dr.)v. University of Lucknow, reported in (1976) 3 SCC 585 (Paragraph 15), P. S. Gopanathan v. State of Kerala, reported in (2008) 7 SCC 70 (paragraph 44) and KM. Siraj v. High Court of Kerala, reported in (2006) 6 SCC 395 (paragraph 72) were relied upon. Similar views expressed by the Apex Court in the case Dhananjoy Malik and Ors. v. State of Uttaranchal and Ors., reported in (2008) 4 SCC 171 wherein earlier views of the Apex Court passed in the case Madanlalv. State of Jammu and Kashmir, reported in (1995) 3 SCC 486 and Marripati Nagrqja v. Government of Andhra Pradesh, reported in (2007) 11 SCC 592 were relied upon. Similar view echoed by the Apex Court in the case K.A. Nagmoni v. Indian Air Lines and Ors., reported in (2009) 5 SCC 515 (paragraphs 54 8y 55) wherein Madanlal (supra) relied upon.