Manish Kumar Shah vs The State Of Bihar on 17 July, 2023
In Manish Kumar ShahI v. State of Bihar,
the same principle was reiterated in the
following observations:(SCCp.584, para 16)
"16. We also agree with the High Court that
after having taken part in the process of
selection knowing fully well that more than
19% marks have been earmarked for viva voce
test, the petitioner is not entitled to challenge
the criteria or process of selection. Surely, if
the Petitioner's name had appeared in the
merit list, he would not have even dreamed of
challenging the selection. The Petitioner
invoked jurisdiction of the High Court Under
Article 226 of the Constitution of India only
after he found that his name does not figure in
the merit list prepared by the Commission. This
conduct of the Petitioner clearly disentitles him
from questioning the selection and the High
Court did not commit any error by refusing to
entertain the writ petition.