‘Estoppel Cannot Override Law’: Supreme Court Accepts Unsuccessful Candidates’ Challenge To Selection Process Held Against Regulations
Case: Krishna Rai (Dead) Through LRs versus The Benarus Hindu University & Others
Corum: Justices Dinesh Maheshwari and Justice Vikram Nath
Case No.: Civil Appeal Nos. 4578-4580 of 2022
Court Observation: “The Board of Examiners on their own changed the criteria and made it purely merit based by introducing an interview and also preparing the merit list on the basis of marks awarded in the type test, written test and interview”
“It is settled principle that principle of estoppel cannot override the law. The manual duly approved by the Executive Council will prevail over any such principle of estoppel or acquiescence”
“there can be no estoppel against law. If the law requires something to be done in a particular manner, then it must be done in that manner, and if it is not done in that manner, then it would have no existence in the eye of the law”.
“..all the appellants who are found to be eligible for promotion as per the existing rules and as directed by the learned Single Judge, would be extended all consequential benefits. Further, where the appellants have died, the benefit would be extended to their legal heirs entitled under law for the same”
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