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Ashok Kumar Pandey & Ors vs State Of Bihar on 9 May, 2008

20. A perusal of the notification, dated 19.02.2024 makes it clear that the entire schedule of selection was already stated, wherein the preliminary examination was supposed to be held in the month of June and the mains examinations were scheduled to be held in September and October, 2024. When once the schedule of selection process has been set out in the notification, the question of postponing the main examination, which is scheduled to be held on 21.10.2024 would not arise and stalling the examination, which is scheduled to be held in just two days, would cause more inconvenience to several thousands of students who are likely to attend examinations and this Court takes a judicial note of the fact that the Public Service Commission has issued notification way back in the year, 2022 and in spite of several attempts being made to conduct the selections, they have ended up in disputes and finally the preliminary ::21:: AKS,J & LNA,J wa_1188 & 1190 of 2024 examination was conducted in the month of June, 2024, and that the next process of selection is conducting main examination which is scheduled to be held on 21.10.2024 and we are of the considered opinion that this Court is not inclined to postpone the main examinations which are scheduled to be held on 21.10.2024 onwards. Insofar as the appellants in W.A.No.1188 of 2024, they have challenged the Notification, dated 19.02.2024 on the ground that the Telangana Public Service Commission, Hyderabad, could not have cancelled its earlier Notification and issued fresh notification. To this contention, the appellants having participated in the preliminary examination and in the selection process, and also having been unsuccessful in the selection, they cannot turn around and challenge the Notification dt.19-02-2024. If the appellants are aggrieved by the issuance of fresh notification dt.19-02-2024, they could not have challenged the notification after the results of the preliminary examination have been published. Therefore, the ::22:: AKS,J & LNA,J wa_1188 & 1190 of 2024 judgment rendered by the Hon'ble Apex Court in Ashok Kumar v. State of Bihar 1 would definitely attract in this case since it was held in the said judgment that the persons who have participated in the selection process cannot turn around and challenge the very same selection.
Supreme Court of India Cites 12 - Cited by 74 - P Sathasivam - Full Document
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