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Issues: Whether a candidate who applied for and participated in a direct recruitment process without objection can later challenge the recruitment methodology and seek promotion instead of selection by direct recruitment.
Analysis: The respondent participated in the selection process with full knowledge that the post was being filled by direct recruitment and raised no objection at the advertisement stage. After being found lower in merit, she sought to contend that direct recruitment was impermissible and that she should have been considered for promotion. The settled principle applied is that a candidate who knowingly takes part in a selection process and takes a chance cannot, after being unsuccessful, turn around and question the process or methodology of selection.
Conclusion: The challenge to the direct recruitment process was not maintainable. The respondent was barred from assailing the selection after participating in it.
Ratio Decidendi: A candidate who knowingly participates in a selection process without objection and, after failure, challenges the recruitment methodology is estopped from doing so.