Anil Kishore Gupta vs State Bank Of India Through Its ... on 16 August, 2023
"15. These writ petitions filed by the petitioners deserve to be dismissed for the reasons; firstly the respondents have taken a conscious decision based on the report of the Expert Committee for withholding the result of the petitioners as they were found using unfair means; secondly, this court cannot sit as an Appellate Authority over the decision of the respondents based on the report of the Expert-Committee, thirdly the judgment cited by the learned counsel for the petitioners of Hon'ble Supreme Court in the matter of Union of India (Supra) is not applicable in the facts of the present case as in the aforesaid matter the lecturers were appointed and after joining the services were terminated without giving any opportunity of hearing while in the present matters the petitioners have not even been selected as yet and, thirdly as the petitioners have participated in the selection process after careful reading of the terms, and conditions of the advertisement, as such they are estopped to challenge the same in view of the judgment passed by the Hon'ble Supreme Court in the matter of Ashok Kumar (supra) and lastly, in my considered view no illegality has been committed by the respondents for invoking clause 10(6) of the advertisement based on the report of the Expert-Committee."