Nusrat Sidiq

Srinagar: The High Court of J&K and Ladakh ruled out that once the candidate takes part in a selection process and the result is out, a candidate cannot turn around and challenge the terms and conditions of the said process as ‘unfair’. 

Justice Vinod Chatterji Koul while giving reference to Supreme Court ruling in case titled Om Prakash Shukla v. Akhilesh Kumar Shukla recorded that It is well settled that if a candidate takes a calculated chance and appear in the selection process, then only because the result of selection process is not palatable to him, he cannot turn around and subsequently contend that the process of selection was unfair. 

In other reference, Justice Koul said that by taking part in selection process with full knowledge that recruitment was being made under particular rules, the candidates had waived their right to question advertisement or methodology adopted by recruiting agency for making selection. 

Earlier, a candidate namely Qurat-ul-ain applied to a post advertised by SKIMS in 2017. Written test was held on 17th October 2018. She is shown to have obtained 47 marks out of total 100 marks as per result declared by SKIMS on 23rd October 2018.  

Petitioner alleges that answer paper of all the candidates was snatched five minutes prior to schedule time of 100 minutes fixed for holding written test, due to which she could not attempt left out 14 questions out of 100 questions.  

According to petitioner, while SKIMS is now contemplating to hold interview, she is not being called for interview because of her inability to secure 50 qualifying marks out of 100 marks fixed for written test. 

The court recorded that petitioner on her own volition responded to advertisement notice. By that she accepted terms and conditions thereof. Notice for appearing in written test, prescribing criteria for qualifying test for viva- voce, was issued. She appeared in written test. She could not make good.  

 “She cannot now approbate and reprobate. She is estopped by her own conduct,” court said. 

Justice Koul said writ petition is without any merit and is, accordingly, dismissed. “Interim direction, if any, shall stand vacated,” court ordered. 

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