VidhiSangh

Supreme Court of India · 16/06/2022

KRISHNA RAI (DEAD) THROUGH LRS & ORS versus BANARAS HINDU UNIVERSITY THROUGH REGISTRAR & ORS.

[2022] 7 S.C.R. 1104 · 2022 INSC 647

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Summary

Banaras Hindu University advertised 14 Junior Clerk posts for promotion of Class-IV employees under paragraph 6.4 of its Manual, approved by the Executive Council, which required five years' service and matriculation, a departmental written test in simple English, Hindi and Arithmetic, and a typing test that could be passed within two years after promotion. The Board of Examiners instead introduced an interview and prepared a merit list on 100 marks (20 typing, 60 written, 20 interview), and promoted 14 juniors. A Single Judge of the Allahabad High Court quashed the promotions and ordered a fresh exercise under the rules; the Division Bench agreed that the Board had unlawfully changed the procedure but reversed on the ground that the unsuccessful candidates, having participated in the interview without protest, were estopped. The Supreme Court restored the Single Judge's judgment.

Issues

  1. Whether the principle of estoppel or acquiescence, arising from participation in a selection process without protest, can prevail over statutory service rules prescribing the procedure and eligibility for promotion.
  2. Whether a Board of Examiners may introduce an interview and a marks-based merit list where the rules approved by the Executive Council prescribe promotion on seniority subject to passing a departmental test.

Provisions considered

Held

Result

Appeals allowed; the Allahabad High Court Division Bench's judgment of 29.07.2016 in Special Appeal Nos. 24, 9 and 25 of 2012 set aside and the Single Judge's judgment of 26.08.2011 quashing the promotions of respondents 3 to 16 and directing fresh selection strictly under the rules restored, with consequential benefits to eligible appellants and the legal heirs of those deceased.

Judgment PDF: Supreme Court of India, [2022] 7 S.C.R. 1104.