Candidate Not Estopped From Challenging Selection Process When Misconstruction Of Statutory Rules Is Alleged : SC [Read Judgment]

In a notable judgment in service law, the Supreme Court has held that a candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of "misconstruction of statutory rules and discriminating consequences arising therefrom".This was held by a bench comprising Justices Deepak Gupta and Surya Kant while deciding a. In a notable judgment in service law, the Supreme Court has held that a candidate will not be estopped from challenging a selection process on the ground of having participated in it when there is allegation of "misconstruction of statutory rules and discriminating consequences arising therefrom". The bench however held that the candidate's participation in the selection process is only the acceptance of the process held in accordance with the prescribed rules. In fact, to challenge the selection process, a candidate has to participate in the selection process, the Court added : "In fact, a candidate may not have locus to assail the incurable illegality or derogation of the provisions of the Constitution, unless he/she participates in the selection process".