B.K.SHARMA Vs. STATE BANK OF INDIA
LAWS(HPH)-1997-5-39
HIGH COURT OF HIMACHAL PRADESH
Decided on May 22,1997

B.K.SHARMA Appellant
VERSUS
STATE BANK OF INDIA Respondents


Referred Judgements :-

OM PRAKASH SHUKLA V. AKHILESH KUMAR SHUKLA AND OTHERS [REFERRED TO]
SWARAN LATA VS. UNION OF INDIA [REFERRED TO]
MADANLAL VS. STATE OF JAMMU AND KASHMIR [REFERRED TO]
UNIVERSITY OF COCHIN REP VS. N S KANJOONJAMMA [REFERRED TO]


JUDGEMENT

M.SRINIVASAN,C.J. - (1.)This writ petition has to fail on a very short ground, namely, estoppel. Admittedly, the petitioners had taken part in j the process of selection and having failed therein have chosen to file this j writ petition challenging the very policy for promotion introduced by I Annexure P -4 dated 31st October, 1983. If the petitioners are really of the opinion that the policy itself was against the provisions of law or unconstitional they should have challenged it soon after the policy was announced, but instead they took part in the selection process and having failed therein come forward with this writ petition.
(2.)This has been decided in several cases by the Supreme Court and the principle estoppel has been repeatedly reiterated by the Court.
(3.)In Swaran Lala v. Union of India and others, 1979 (1) SLR 710, the Court said that the appellant therein cannot approbate and reprobate. It was also pointed out that she had willingly, of her own accord, and without any persuasion by anyone, applied for the post, in response to the advertisement issued by the Union Public Service Commission for direct recruitment and she therefore, took her chance and simply because the Selection Committee did not find her suitable for appointment, she could not be heard to say that the selection of respondent No. 6 by direct recruitment through the Commission was invalid, as being contrary to the directions issued by the Central Government.


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