Excelsior Correspondent
JAMMU, July 29: Division Bench of State High Court comprising Chief Justice N Paul Vasanthakumar and Justice Ali Mohammad Magrey today held that selection process cannot be challenged after participation in the same.
The judgment was passed in a LPA filed by Syed Shabir Ahmad and others challenging the notification issued by the J&K Service Selection Board bearing No. 03 of 2012 dated 28.12.2012 for appointment of teachers and other posts.
The eligibility prescribed for the post was 10+2. However, preference was to be given to the candidates having higher qualification particularly those having B.Ed, M.Ed and Diploma in ETT/NIT. Before finalizing the selection one more advertisement notification bearing No. 05 of 2013 dated 02.03.2013 was issued. Again another notification was issued bearing No. 06 of 2013 dated 10.05.2013 for recruitment against certain posts.
A common written examination was conducted for all the posts pursuant to these notifications to fill up notified vacancies of Patwaries, Village Level Workers, Junior Assistants and Teachers. The common written examination was meant for short listing of the candidates to call for viva voce test.
“It is not in dispute that only 20 marks are to be awarded in the viva voce test and the Selection Board is entitled to short list the candidates at the ratio of 1:5. The procedure cannot be challenged as the appellants have participated in the selection process by accepting the procedure and knowing it fully well”, the DB said.
With these observations, DB dismissed the appeal.
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