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Supreme Court of India 2017-09-13 allowed

D. Sarojakumari vs R. Helen Thilakom & Ors

Bench: 2 — Deepak Gupta

In Brief

Respondent No. 1, a part-time music teacher at one school, applied for a music teacher position at another school run by the same management. After losing the direct recruitment selection to the appellant, she sought promotion based on seniority, claiming both schools were a single unit. The Supreme Court held that a candidate who participates in a selection process cannot later challenge the recruitment methodology after failing to secure appointment. The Court applied the doctrine of estoppel by conduct, emphasizing that Respondent No. 1 did not object at the advertisement stage and voluntarily took part in the process. The appeals were allowed and the writ petition dismissed as unmaintainable.

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