Madras High Court
T.Sathish Kumar vs Union Of India on 23 October, 2018
Author: Satrughana Pujahari
Bench: Satrughana Pujahari
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :23.10.2018
CORAM
THE HONOURABLE MR. JUSTICE SATRUGHANA PUJAHARI
W.P. No.21240 of 2015
T.Sathish Kumar
..... Petitioner
Vs
1. Union of India,
Represented by its Chief Secretary,
Government of Puducherry,
Chief Secretariat, Pondicherry.
2. The Secretary,
Department of Higher Education,
Government of Puducherry,
Chief Secretariat,
Pondicherry.
3. The Registrar,
University of Pondicherry,
Kalapet, Pondicherry.
4. The Member Secretary,
Pondicherry Society for Higher Education (PONSHE),
PIPMATE Building,
Lawspet, Pondicherry.
..... Respondents
PRAYER Writ petition filed under Article 226 of the Constitution of India
praying for a Writ of certiorarified mandamus to call for the records pertaining
to the impugned notification dated 22.06.2015 issued by the 4th respondent
vide Notification No.527/Ponshe/Esst/E-2/2015 and quash the same and direct
http://www.judis.nic.in
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the 1st, 2nd and the 4th respondents to issue a fresh notification illustrating the
subject wise Rule of Reservation and the mode of selection giving preference
to employment seniority, educational qualification and experience etc., as per
prospectus issued by the Directorate of School Education, Government of
Pondicherry, in accordance with law.
*****
For Petitioner : Mr.K.Venkataramani,
Senior Counsel
For Respondents : Mrs.G.Djearany,
Government Advocate (Pondicherry)
for R1 to R3.
Mr.T.M.Naveen for R4
ORDER
The petitioner in this case appears to have participated in the recruitment examination and after being unsuccessful, he has come to challenge the advertisement / notification to be illegal and arbitrary with a prayer to quash the same and direct the respondents 1, 2 & 4 to issue a fresh notification illustrating the subject wise Rule of Reservation and the mode of selection giving preference to employment seniority, educational qualification and experience etc., as per prospectus issued by the Directorate of School Education, Government of Pondicherry, in accordance with law. http://www.judis.nic.in 3
2. The learned counsel appearing for the respondents submits that though the petitioner had participated in the selection process but being unsuccessful in the recruitment process, the petitioner has come to challenge the notification and also the mode of selection. The petitioner is estopped from challenging the same being unsuccessful candidate and therefore, the writ petition is liable to be dismissed.
3. After hearing the learned counsel appearing for the parties and going through the materials on record, as it is not disputed that the petitioner has challenged the very notification of the recruitment and the stipulation made therein after he had written the examination knowing well the said stipulation, this Court is of the view that the petitioner is precluded from challenging the same in view of the settled position of law laid down in this regard in the case of G.Sarana Vs. University of Lucknow and Others reported in (1976) 3 SCC 585, (ii) Madanlal Vs. State of Jammu and Kashmir & Others reported in (1995) 3 SCC 486 and Manish Kumar Shahi Vs. State of Bihar & Others reported in (2010) 12 SCC 576, wherein the Apex Court have held that unsuccessful participant cannot turn around and challenge the selection process after participating in it without any challenge. In view of the aforesaid settled position of law, this Court is of the view that the writ http://www.judis.nic.in 4 petition filed by the petitioner is devoid of merit and accordingly, the same stands dismissed. No costs.
rka 23.10.2018
Speaking/Non speaking order
Index : yes/no
Internet: Yes/no
TO
1. Union of India,
Represented by its Chief Secretary,
Government of Puducherry,
Chief Secretariat, Pondicherry.
2. The Secretary,
Department of Higher Education,
Government of Puducherry,
Chief Secretariat,
Pondicherry.
3. The Registrar,
University of Pondicherry,
Kalapet, Pondicherry.
4. The Member Secretary,
Pondicherry Society for Higher Education (PONSHE), PIPMATE Building, Lawspet, Pondicherry.
http://www.judis.nic.in 5 SATRUGHANA PUJAHARI, J.
Rka W.P. No.21240 of 2015 23.10.2018 http://www.judis.nic.in