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TMI Blog2017 (9) TMI 2022X X X X Extracts X X X X X X X X Extracts X X X X ..... n resorted to by the Management of Samuel LMS High School. HELD THAT:- In MADAN LAL ORS VERSUS THE STATE OF JAMMU KASHMIR AND ORS [ 1995 (2) TMI 441 - SUPREME COURT] , the Petitioner laid challenge to the manner and method of conducting viva-voce test after they had appeared in the same and were unsuccessful. This Court held It is now well settled that if a candidate takes a calculated chance and appears at the interview, then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or Selection Committee was not properly constituted. As far as the present case is concerned an advertisement was issued by Respondent No. 6 inviting app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... up the post of Music Teacher on direct recruitment basis. The Appellant and Respondent No. 1 both applied for the said post. The Appellant was appointed as Music Teacher on 12.07.1999 in Samuel LMS High School, Parassala. Though Respondent No. 1 had applied for being considered for appointment as Music Teacher in the Samuel LMS High School, but after she was not selected in the process of direct recruitment, she raised a plea that since the Management of both the schools are same, she was entitled to be promoted as Music Teacher on the basis of her seniority in the Light to the Blind School, Varkala. In this regard, she first filed a petition before the District Educational Officer who accepted her petition and held that the case of Respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ground that there can be no estoppel against a statute and the Appellant could not be debarred from filing a writ petition. On merits it was held that both the schools formed one unit and, therefore, Respondent No. 1 was entitled for promotion in the Samuel LMS High School. The two writ appeals filed by the present Appellant were dismissed. 4. The main ground urged on behalf of the Appellant is that Respondent No. 1 having taken part in the selection process could not be permitted to challenge the same after she was unsuccessful in getting selected. The law is well settled that once a person takes part in the process of selection and is not found fit for appointment, the said person is estopped from challenging the process of selectio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... chance and appears at the interview, then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or Selection Committee was not properly constituted...... 7. In Manish Kumar Shahi v. State of Bihar, (2010) 12 SCC 576, this Court held as follows: 23. ...Surely, if the Petitioner's name had appeared in the merit list, he would not have even dreamed of challenging the selection. The Petitioner invoked jurisdiction of the High Court Under Article 226 of the Constitution of India only after he found that his name does not figure in the merit list prepared by the Commission. This conduct of the Petitioner clearly disentitles him from quest ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt case is concerned an advertisement was issued by Respondent No. 6 inviting applications for the post of Music Teacher in Samuel LMS High School. Respondent No. 1 did not raise any objection at that stage that the post could not be filled in by direct recruitment and she should be considered for promotion. Not only that, she in fact, applied for the post and took part in the selection process. After having taken part in the selection process and being found lower in merit to the Appellant, she cannot at this stage be permitted to turn around and claim that the post could not be filled in by direct recruitment. The reasoning of the learned Single Judge in rejecting the objection is not in consonance with the law laid down by this Court. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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