Excelsior Correspondent
JAMMU, Mar 13: A Division Bench of Jammu & Kashmir and Ladakh High Court comprising Justice Tashi Rabstan and Justice Puneet Gupta, while setting aside the order of CAT, has directed the official writ respondents to initiate the selection process afresh as per the J&K Non-Gazetted Recruitment Rules within a period of four weeks.
The DB also held that candidate, who participates in the selection process, cannot question the same later on when the process is over. It is settled law that a person who consciously takes part in the process of selection knowing fully well the procedure laid down therein, cannot, thereafter, turn around and question the method of selection and its outcome.
“The writ petitioners before the Tribunal along with other candidates voluntarily participated in the selection process and did not raise any finger before the selection process was concluded. They had taken a calculated chance in the selection process. They challenged the selection only when they failed to get favourable results. Thus, they cannot be allowed to make a U-turn at this stage when the selection has already been concluded”, the DB said, adding “as regards writ petitioners before the Tribunal no question arises for violation of Articles 14 and 16 of the Constitution of India”.
The DB further observed, “as regards the case, titled as, Suresh Kumar Vs State of Haryana, in that case the petitioners therein had alleged malafide and fraud during the selection process and also that the selection was made without giving any due publicity either in the newspapers or without notifying the vacancies. However, in the present case, the on-spot selection of candidates residing in the particular areas was made after the local youth of those areas were apprised by the Chowkidar and Lambardar of the areas. Therefore, the said judgment is not applicable to the facts of the present case”.
With these observations, the Division Bench set-aside the order of the Central Administrative Tribunal, Jammu Bench.
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