MOTILAL TAYENG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. T. Pertin, learned counsel for the petitioners, and Ms. G. Deka, learned Additional Senior Govt. Advocate, Arunachal Pradesh, appearing for the State respondents. Also heard Mr. M. Batt, learned counsel, appearing on behalf of the private respondents.

(2.) THE petitioners by filing this writ petition have sought for a direction from this Court to re-conduct the Physical Efficiency Test (Outdoor Test), for promotion to the post of Head Constable from the post of Constable by canceling the promotion given to the private respondents.

(3.) MR. Batt, learned counsel for the respondents, relying the decision of the Hon'ble Supreme Court, reported in (2006) 6 SCC 395 : K.H. Siraj vs. High Court of Kerala and Ors., submitted that the petitioners, having participated in the interview, cannot turn round to challenge the selection process when they failed to qualify and contend thereto that awarding of minimum mark for the interview was not properly done in the examination. The relevant extracts of the decision of the Hon'ble Supreme Court, read as follows: