Candidates appearing for an exam cannot be allowed to question the terms and conditions of the advertisement at a later stage

Jammu & Kashmir High Court: A Single Judge Bench of Sanjeev Kumar, J., dismissed a writ petition whereby the petitioners assailed the order of selection of medical officers, which was passed by the respondent authorities.

The main issue that arose before the Court was whether the order passed by the respondent authorities was good in law.

The Court observed that the petitioners had applied for the post of medical officers but couldn’t qualify, however, it is pertinent to mention that the petitioners had read the advertisement and after accepting all the terms and conditions therein, applied for the position of medical officer. It was specifically mentioned in the advertisement itself that the total no. of seats for general candidates was 14 out of 30, however, the petitioners did not raise any objection at the time of applying for the said posts. The petitioners challenged the advertisement and order of selection only after they could not qualify for the said posts. They participated in the selection process with their eyes wide open and took chance in the selection. The Court referred to the Supreme Court judgment of Ashok Kumar v. State of Bihar, (2017) 4 SCC 357 wherein it was held that those candidates who had taken part in the selection process knowing fully well the procedure laid down therein were not entitled to question the same.

The Court held that the petitioners had participated in the process of recruitment after reading the terms and conditions of the advertisement and hence they cannot be allowed to challenge the advertisement at a later stage. Accordingly, the petition was dismissed by the Court. [Sheetal Sharma v. State of J&K,2018 SCC OnLine J&K 707, decided on 05-10-2018]

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