Q: A Government of India undertaking was recruiting employees through the process of selection. Because my qualifications did not fit those listed for the job, I was not eligible and hence, I did not apply. I have just come to know that during the selection process, the qualification criterion was relaxed and under the changed circumstances I would be eligible to apply. I made an application to the company but the same was rejected since the selection process had already started. The selection has been completed. I feel that the whole procedure was unfair. Can I challenge the selection process?

Bikash Bose, Calcutta

A: It is a settled law that once a process of selection starts, the prescribed selection criteria cannot be changed. The logic behind the same is based on fair play. A person who did not apply because he did not meet a certain criterion, e.g. minimum percentage of marks, can make a legitimate grievance in case the same is lowered (in which case he could have applied because he possessed the said percentage). An additional fact you should ascertain is whether the selection committee had the power to relax the prescribed qualification. If not, that would be an additional ground for challenging the selection process. Your remedy would be to file a writ application in the appropriate high court.

Q: I am one of the partners of a small interior designing firm. Application for registration of the firm under the Indian Partnership Act is pending. In 2003, our firm did an interior designing work worth about Rs 4 lakh for the office premises of another partnership firm under a written contract. Till date, the said firm has not settled our dues and it appears that it has no intention of doing so. Instead of a money suit, can we instead file proceedings for winding up the said firm?

Arka Mitra, Calcutta

A: Winding up proceedings are maintainable only against a limited company and not against a partnership firm. As regards the money suit, it appears that your firm is still not registered. Section 69 of the Indian Partnership Act is a complete bar to the filing of a suit by or on behalf of an unregistered firm to enforce a contractual right. You should take steps for expeditious registration of your firm and then file a money suit. This should be done within three years from the date when your payment became due as otherwise, your claim will become time-barred. Additionally, you may consider filing a criminal case against the partners of the other firm for cheating and other offences cognisable under the Indian Penal Code.