DILIP KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) BOTH these writ petitions have been filed raising identical issues and as such both the writ petitions are decided by this common JUDGMENT :.

(2.) IN both these writ petitions, substantial challenge has been made to the selection proceeding for appointment to the post of Assistant Environmental Engineer by the Bihar State Pollution Control Board (hereinafter called the said Board). It is true that the petitioners who have challenged the said selection proceeding appeared in the same but they are not successful.

(3.) NOW a preliminary objection with great vigour has been urged by the learned counsel for the respondents that the petitioners having appeared in the selection proceeding and having been unsuccessful in the same cannot challenge its legality. On this aspect the trend of judicial opinion in some cases is that once a person appears before a Selection Committee and offers his candidature for the same, he cannot subsequently turn round and say that the selection authorities are not competent or that the selection proceedings were not in accordance with the rules. The rationale behind this Judicial opinion apparently rests on the doctrine of Estoppel. The said doctrine is based on equity. The equity of a case cannot be strait jacketed within rigid formula. It depends on the fact situation which varies from case to case.