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1 - 3 of 3 (0.23 seconds)Madras Hindu Religious and Charitable Endowments Act, 1951
Asok Kumar Dutta & Another vs The State Of West Bengal & Others on 30 August, 2016
14. Detailed argument was advanced by the learned
Senior Counsel for the petitioners on the point that, after
having participated in the selection process, the fourth
respondent could not have challenged the result of such
selection, on finding that he was unsuccessful. The decisions
in Asok Kumar and another v. State of Bihar and others
[(2017) 4 SCC 357] and Gurmeet Pal Singh v. State of
Punjab and another [(2018) 7 SCC 260] were pressed into
service in support of the said contention. We are fully
W.A.No.1107 of 2018 &
W.P.(C) No.25819 of 2018
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conscious about the catena of decisions which have
categorically laid down the proposition that a person who has
consciously taken part in selection process cannot thereafter
turn around and challenge the method of selection and its
outcome. It is precisely for this reason that the challenge
against the selection process on the ground that the Interview
Board could not have formulated guidelines for selection, in
the absence of any such stipulation in Rule 4(a)(1) of the
HR&CE Rules, was not entertained by the learned Single Judge.
But, the challenge on the ground that the selection process
was conducted at variance with the guidelines and was
actuated with malice and arbitrariness is open for
consideration in exercise of the power under Article 226 of the
Constitution of India.
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