• Service writ on selection list

My selection list is being challenged because there were more than one interview panels. The opponent is saying that this violates the legality of interview process. Is there any supreme court ruling in this context which protects the selection list?
Asked 6 years ago in Labour

2 answers received in 30 minutes.

Lawyers are available now to answer your questions.

12 Answers

Provide more detail.

Unsuccessful Candidate Is Estopped From Challenging Selection Process After Taking Part In It- Supreme Court [Read Judgment]...

Read more at: http://www.livelaw.in/unsuccessful-candidate-estopped-challenging-selection-process-taking-part-supreme-court-read-judgment/

Those Who Participated In Selection Process Without Protest Can’t Challenge It Later...

Read more at: http://www.livelaw.in/participated-selection-process-without-protest-cant-challenge-later-sc/

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) In which Governmental organizations you have given interview, please clarify this along with department name and interview position which you have applied.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

http://www.livelaw.in/participated-selection-process-without-protest-cant-challenge-later-sc/

SinCe there was no challange at notification or at time of interview since it is challanged after selection is complete then there is no remedy.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

Without knowing the exact facts we cannot match the Supreme Court citations to your case. The only consideration by the Higher Courts is that whether any a\harm was caused due to such interviews panels. Simply because there are more than one interview panel your selection cannot quashed. Be at ease.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Merely because there is more than one interview panel does not mean that selection process is flawed

2) unable to find any SC citation on said issue

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

It is not necessary that all candidates be interviewed by one panel only

If number of candidates are more 2 panels can be set up to interview applicants

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

There are plenty of rulings on various similar subjects, but it will be based on the individual case before it.

The selection list in which your name appears is being challenged by the aggrieved person, let him do it because he has right to approach court to get his grievance redressed.

It is against an authority and not against an individual.

The authority will answer the court about the illegality as per the prevailing laws accordingly.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Unfortunately this does not address my predicament specifically. There were 2 interview panels. So candidates were interviewed by two different panels. The contention is that by conducting the interview in this manner, the uniformity of the interview process is subverted. Therefore I am seeking a relevant court ruling in this matter.

The recruitment policy shall be decided by the authority.

The aggrieved party/candidate may agitate the same by finding one or the other loophole and may fight for his relief.

The authority shall challenge the writ and the objections to the process as per the provisions of law and also they would look for the relevant citation through their panel lawyer or legal advisers.

You are a candidate in the list, how do you think that you can participate in the litigation when you are not a party to it?

However, you can browse online websites namely live law or indian kanoon.org or law web looking for relevant citations as desired.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

https://indiankanoon.org/doc/1509628/

Please refer the case though not exactly on interview question but on question that written exam copies checked by different examiner and process of scaling so the inferece can be deduced and can help you to understand the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If two interview levels were already there in advertisement of recruitment and rules than it can not be question now , Rules of games cannot be challenged once taken part in it.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) You have to challenge the interview procedures by the way of writs in the high court and ask the explanation under two laws.

The writ of mandamus is issued to a subordinate court, an officer of government, or a corporation or other institution commanding the performance of certain acts or duties.

The writ of quo warranto is issued against a person who claims or usurps a public office. Through this writ the court inquires 'by what authority' the person supports his or her claim.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

Can't help you in General submission. Need to know the entire facts on which the said process is challenged.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer