RUQAYA JABEEN Vs. STATE OF J AND K

JUDGEMENT

(1.) IT appears that advertisement notice No. 4 dated 19.04.1990 came to be issued by respondent No. 2 -J&K; State Subordinate Service Recruitment Board, inviting applications for the post of teachers in terms of annexure -P1. Petitioners participated in selection process but were not selected -appointed which constrained the petitioner to file writ petition in the year 1993.

(2.) GRIEVANCE of the petitioner is that Government vide order bearing No. 325/Edu of 1985 dated 16.07.1985 accorded sanction to reserve 3% posts of teachers in each District for Instructors of Non -Formal Education -P5 and petitioners were eligible in terms of the said Government order for appointment but were not appointed. The selection was made after two years. The private respondents who came to be appointed in the category of Instructors of Non -Formal Education were not eligible. No preferential right could be claimed by any person on the basis of seniority in terms of the said Government order. Respondents have also not acted in terms of the Government order, thereby deprived the petitioners from their legitimate rights. They have also challenged the method of selection and the way interview was conducted. The selection was made after two years from the date of advertisement. Petitioners have prayed that selection of respondents 6 to 9 be quashed and petitioners be appointed.

(3.) PETITIONERS competed in the selection process and could not be selected. They could not challenge the selection process after participating in the selection process. Once they participated in the selection process, they could not thereafter challenge the process on the ground that selection was not made in accordance with the rules and interview was conducted in a huff. They are estopped from challenging the selection process on that count.