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news details
Candidates with lower merits can't be shortlisted for other notifications: HC
11/14/2019 9:53:40 PM
Early Times Report
JAMMU, Nov 14: In a significant judgment, High Court holds that petitioners having participated in the selection process and taken a chance now cannot claim that the merit obtained by them should be considered.
Justice Sindhu Sharma while dismissing the petition filed by Anju Rathore and others applied for the post of Teachers in District Cadre Kathua pursuant to the Advertisement Notification Nos 03 of 2012 dated 28.12.2012, 05 of 2013 dated 02.03.2013 & 06 of 2013 dated 10.05.2013. They are aggrieved of the selection of private respondent Nos 7 to 22, who were selected for the post of Teachers in District Cadre Kathua pursuant to Advertisement Notification No 06 of 2013 dated 10.05.2013. The petitioners, thus, seek quashing of selection of private respondent Nos 7 to 22 for the aforementioned post of Teachers.
Justice Sindhu Sharma after hearing both the sides observed that Board in their affidavit have stated that during the process of screening, written test was held for shortlisting eligible candidates for the posts advertised under all the three notifications. The petitioners qualified the written test with regard to Advertisement Notification No 05 of 2013, being higher in merit than the last shortlisted candidate in the said notification. However, with regard to other two notifications i.e 06 of 2013 dated 10.05.2013 and 03 of 2012 dated 28.12.2012, the petitioners could not be shortlisted, as they did not qualify the written test on the ground of their inferior merit than the last selected candidate. Therefore, the petitioners were evaluated in the interview only with regard to the Advertisement Notification No. 05 of 2013 dated 02.03.2013, and since their merit was lesser than the last selected candidate, therefore, they could not be selected for the post of Teachers in the District Cadre Kathua.
Justice Sindhu Sharma after hearing both the sides while dismissing the petition, holds that petitioners having participated in the selection process and taken a chance, now cannot claim that the merit obtained by them should be considered against the other two notifications for which they were never shortlisted.
This has also been held in Ramesh Chandra Shah & others vs Anil Joshi and others, that "by having appeared in the written test and taken a chance to be declared successful, the private respondents would be deemed to have waived their right to challenge the advertisement or the procedure of selection". —JNF
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