LAWS(P&H)-2019-8-290

KAVITA KUMARI Vs. STATE OF HARYANA AND ORS.

Decided On August 27, 2019
Kavita Kumari Appellant
V/S
State Of Haryana And Ors. Respondents

JUDGEMENT

(1.) The petitioner seeks a writ of certiorari for setting aside the condition mentioned in sub rule (3) of Rule 10 of Haryana Civil Services (Executive Branch) Amendment Rules, 2019 regarding short listing of three times candidates on the basis of written test only.The petitioner further seeks a writ of mandamus directing the respondents to modify sub rule 3 of Rule 10 of Haryana Civil Services (Executive Branch) Amendment Rules, 2019 to first call for the service record of all the candidates and after evaluation thereof, a comprehensive merit list be prepared and three times meritorious short listed candidates on the basis of comprehensive merit list be called for viva-voce and recommended for selection on merit.

(2.) The petitioner after having participated in the selection process under the Rules cannot be permitted to challenge the same in view of the law laid down by the Hon'ble Apex Court in the case of Madras Institute of Development Studies and another Vs K. Sivasubramaniyan and others (2016) 1 SCC 454 holding that once participated in the selection process, an applicant cannot be permitted to take a u-turn only because he could not qualify and was unsuccessful.

(3.) Accordingly, the writ petition stands dismissed.