Dear Sir,
This is the case which is filed in the Delhi High Court and at stage of Arguments and need your help in this as a petitioner itself is arguing the case:
Brief Facts:
Petitioner has taken part in the Promotional Interview process in the Govt. of India Company. Petitioner was not promoted in the interview. Petitioner requested for review of the result internally in the Company which was denied by the management. Petitioner filed RTi to know the process followed in the Promotional Interview for which the Respondent company has not replied properly and in Appeal given reply of brief details of the promotion criteria of marks. These all details were not known to the Petitioner before going for the promotional interview exercise.
Petitioner filed Writ for quashing the promotion based on the judgement of Dev Dutt and Sukhdev Singh and many others based on the fact that the Company has not shown any Appraisals to the petitioner and not disclosed any promotional policy before the RTI reply. In the Company which is a Govt. of India company the appraisals are confidential even today which should have been disclosed to the employee from 2008 onwards after the Devdutt judgment of Supreme Court and DOPT Office Order of May 2009 which made APAR transparent and communicable to the employee. In Promotional interview 50 Marks are allocated out of Total 100 marks in the Promotion process. Other 50 marks is 10 marks length of service and 40 marks on APAR ratings.
Now the question arrises:
Company has hired a very senior advocate and as per their submission:
Labour Law - Recruitment - Selection Process/Procdure- Challenge to, by unsuccessful candidate after taking part in it - Such Candidate estopped from challenging selection process - re emphasised - Such writ petition not maintainable.
D. Sarojakumari vs R. Helen Thilakom on 13 September, 2017 of Honorable Supreme Court Judgement.
If candidate was not successful and not got requisite marks in the promotion interview and took part in the selection process and subsequently cannot challenge the Promotion process by taking a U-Turn on the complete Promotion Process.
I would like to know some of the judgement of the Honorable Supreme Court where candidate has challenged the Promotional Process/Recruitment Process after taking part in the Process and the Court has accepted the writ and also given the judgement on other facts available in the writ and not only that the petitioner has not challenged the Process before taking part in it.
Please give your advise how to counter this U-Turn argument of the Company in the court with some supported judgments of the Court.
Thank you in advance for your time and efforts in helping me.
Regards,
