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HC: Can’t challenge appointment after taking part in process

September 01, 2019 06:24 AM


HC: Can’t challenge appointment after taking part in process


The Punjab and Haryana high court has held that after participating in the selection process of an examination, a candidate cannot subsequently challenge the rules of that service on his/her failure to pass the selection process.

A division bench, comprising Chief Justice Krishna Murari and Justice Arun Palli of the HC, has passed these rules while dismissing a petition filed by Kavita Kumari, an aspirant of Haryana Civil Service (executive branch). She had applied for selection into HCS (executive branch) through Register A-II.

These posts are meant for the state government employees working in Group-C posts. The selection process of these posts was recently completed by the Haryana Public Service Commission (HPSC) and the selected candidates were duly appointed.

The petitioner had approachedtheHCseeking directions to set aside the condition mentioned in sub rule (3) of Rule 10 of Haryana Civil Services (Executive Branch) Amendment Rules, 2019, regarding shortlisting of three-times candidates on the basis of written test only.

She had also pleaded that the HPSC should first call for the service record of all the candidates and after evaluation thereof, a comprehensive merit list be prepared and three-times meritorious shortlisted candidates, on the basis of comprehensive merit list, be called for viva-voce and recommended for selection on merit.

However, according to the rules, after conducting a written test, the commission shall prepare a list of candidates, whichwouldbethreetimesthe number of vacancies, and thereafter, the original record of all the candidates whose names appear in the list shall be summoned by the commission from their heads of departments.

Hearing the petition, the division bench of the HC dismissed her plea observing that the petitioner, after having participated in the selection process under the rules, cannot be permitted to challenge the same.

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