Awanish Kumar @ Awanish Kumar Shahi vs State Of Bihar on 25 July, 2009
13. The aforesaid judgments of the Supreme Court in
Dhananjay Malik and Ors. (supra), Manish Kumar Shahi
(supra), and Vijendra Kumar Verma (supra) clearly lay down
the principle that an unsuccessful candidate, who had gone
through the selection process knowing fully well the selection
process, is estopped and precluded from questioning the
8
above selection process, the only exception being when the
applicant is able to demonstrate lucidly that the action taken
by the Selection Committee was not done in good faith and
was a result of bias or ulterior motive. It is imperative that the
person who alleges malice/malafide/arbitrariness should
furnish particulars that would prove the same. Ambiguous
reasons unsupported by hard facts cannot lead to a
conclusion of malafide or arbitrariness.