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1 - 10 of 15 (0.93 seconds)Article 15 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 309 in Constitution of India [Constitution]
Deepak Kumar Etc vs State Of Haryana & Ors.Etc on 27 February, 2012
"1. The present review application is preferred by
the State of Haryana pointing out that CWP-6731-2024, ti-
tled as Deepak Vs. State of Haryana and Others was a dif-
ferent Writ Petition than the other bunch of Writ Petitions
decided by his Court vide order dated 31.05.2024, where the
selection and notification dated 05.05.2022 was under chal-
lenge. In the present case i.e. CWP-6731-2024, the chal-
lenge was to the selections made earlier in the year 2022 re-
lating to an advertisement issued in the year 2019.
Kunhayammed & Ors vs State Of Kerala & Anr on 19 July, 2000
In support of her submis-
sions, she also relies on the Kunhayammed Vs. State of
Kerala (2000) 6 SCC 359 as well as State of Uttar Pradesh
and Another Vs. Virendra Bahadur Katheria and Others:
Tajvir Singh Sodhi vs The State Of Jammu And Kashmir on 28 March, 2023
12. A two Judge Bench of Apex Court in 'Tajvir Singh Sodhi and
Others v. State of Jammu and Kashmir and Others', 2023 SCC OnLine
SC 344 has held that candidates, having taken part in the selection process
without any demur or protest, cannot challenge the same after having been
declared unsuccessful. The candidates cannot approbate and reprobate at the
same time. A candidate cannot allege that selection process was unfair or
there was some lacuna in the process just because selection process was not
palatable to a candidate. The relevant extracts of the judgment read as:
Awanish Kumar @ Awanish Kumar Shahi vs State Of Bihar on 25 July, 2009
i) In Manish Kumar Shahi v. State of Bihar, (2010) 12 SCC
576, this Court authoritatively declared that having
participated in a selection process without any protest, it
would not be open to an unsuccessful candidate to
challenge the selection criteria subsequently.
Ramesh Chandra Shah & Ors vs Anil Joshi & Ors on 3 April, 2013
In view of the propositions laid down
in the above noted judgments, it must be held that
by having taken part in the process of selection with
full knowledge that the recruitment was being made
under the General Rules, the respondents had
waived their right to question the advertisement or
the methodology adopted by the Board for making
selection and the learned Single Judge and the
Division Bench of the High Court committed grave
error by entertaining the grievance made by the
respondents."
Ashok Kumar vs State Of Bihar . on 21 October, 2016
iii) Similarly, in Ashok Kumar v. State of Bihar, (2017) 4
SCC 357, a process was initiated for promotion to Class-
III posts from amongst Class-IV employees of a civil court.
In the said case, the selection was to be made on the basis
of a written test and interview, for which 85% and 15%
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Neutral Citation No:=2025:PHHC:026075
CWP-4965-2025 10
marks were earmarked respectively as per norms. Out of
27 (twentyseven) candidates who appeared in the
written examination, 14 (fourteen) qualified. They were
interviewed. The committee selected candidates on the
basis of merit and prepared a list. The High Court
declined to approve the Select List on the ground that the
ratio of full marks for the written examination and the
interview ought to have been 90 : 10 and 45 ought to be
the qualifying marks in the written examination. A fresh
process followed comprising of a written examination (full
marks - 90 and qualifying marks - 45) and an interview
(carrying 10 marks). On the basis of the performance of
the candidates, results were declared and 6 (six) persons
were appointed on Class-III posts. It was thereafter that
the appellants along with 4 (four) other unsuccessful
candidates filed a writ petition before the High Court
challenging the order of the High Court on the
administrative side declining to approve the initial Select
List. The primary ground was that the appointment
process was vitiated, since under the relevant rules, the
written test was required to carry 85 marks and the
interview 15 marks. This Court dismissed the appeals on
the grounds that the appellants were clearly put on notice
when the fresh selection process took place that the written
examination would carry 90 marks and the interview 10
marks. The Court was of the view that the appellants
having participated in the selection process without
objection and subsequently found to be not successful, a
challenge to the process at their instance was precluded.
The relevant observations are as under: