JUDGEMENT
VIKRAM NATH,J. -
(1.) Leave granted.
(2.) I.A.D.No.133982 of 2021 is allowed.
(3.) In these three Civil Appeals, this Court has been called upon to decide whether principle of
estoppel and acquiescence will prevail over
statutory service rules prescribing the procedure
for promotion of Class-IV employees to Class-III
working in the Banaras Hindu University("BHU"),
Varanasi, a Central University. The learned
Single Judge was of the view that the statutory
rules would prevail and must be strictly adhered
to, whereas, the Division Bench, although,
agreeing with the reasoning of the learned Single
Judge that the procedure prescribed under the
rules was violated, still proceeded to set aside
the judgment of the learned Single Judge
applying the principle of estoppel and
acquiescence over and above the eligibility
conditions having statutory force laid down by
the statutory rules.;
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