The Court further made
observations in para 34 of the
judgment to the effect : (S. Vinodh
Kumar case, SCC p.107, para 19)
'19...'34. There is
thus no doubt that while
question of any estoppel by
conduct would not arise in the
contextual facts but the law
seem to be well settled that
in the event a candidate
appears at the interview and
participates therein, only
because the result of the
interview is not 'palatable'
to him, he cannot turn round
and subsequently contend that
the process of interview was
unfair or there was some
lacuna in the process.'
In para 20 this Court further
observed that there are certain
exceptions to the aforementioned
rule. However, the court did not
go into those exceptions since the
same were not material."
The Court also
referred to the judgment in Om
Prakash Shukla v. Akhilesh Kumar
Shukla where it has been held
specifically that when a candidate
appears in the examination without
protest and subsequently is found
to be not successful in the
examination, the question of
entertaining the petition
challenging such examination would
not arise.