Delhi High Court
Ex Sub Manoj Kumar & Ors. vs Union Of India & Anr. on 13 October, 2022
Neutral Citation Number 2022/DHC/004313
$~4 & 66
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.10.2022
+ W.P.(C) 13223/2022
AALMA ..... Petitioner
versus
DELHI HIGH COURT ..... Respondent
+ W.P.(C) 14105/2022 & CM APPL. 43072/2022 & CM
APPL. 43128/2022
EX SUB MANOJ KUMAR & ORS. ..... Petitioners
versus
UNION OF INDIA & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioners: Mr. G.K. Pathak and Mr. M.A. Sudhakar, Advocates.
For the Respondents: Ms. Padmapriya, Advocate for DHC Administration.
CORAM:-
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)
1. Petitioners impugn the viva voce test result for appointment for
the post of Junior Judicial Assistant/Restorer (Group-C).
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:17.10.2022 13:05:07
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number 2022/DHC/004313
2. Petitioners were unsuccessful in qualifying for the appointment
to the said posts on the basis of their viva voce result which was below
the minimum qualifying marks as stipulated. The petitioners contend
that the criteria for fixing the minimum qualifying marks in viva voce
is perverse.
3. It is pointed out by learned counsel for the respondent that an
identical challenge was raised by another candidate who was also
unsuccessful based on the viva voce test result. Learned counsel
submits that by judgment dated 26.09.2022 in W.P. (C) No.
13881/2019 titled as 'Karan Singh Meena Vs. Registrar General,
Delhi High Court', a coordinate bench of this Court, after referring to
the law laid-down by the Supreme Court, has held that after having
participated in the selection process, a candidate cannot challenge the
same after he has been declared unsuccessful.
4. It is noticed that the minimum qualifying marks prescribed for
the category in which the petitioners had appeared was '11' and the
petitioners have secured marks less than '11' and as such have been
declared unsuccessful. Further, it may be noticed that the
advertisement stipulated four stages through which the candidate had
to pass prior to being considered for the post.
5. It is an admitted position that the petitioners have all qualified
three stages, however, at the fourth stage they were unsuccessful
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:17.10.2022 13:05:07
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
Neutral Citation Number 2022/DHC/004313
having scored below the stipulated minimum qualifying marks.
6. The facts and circumstances of the cases of petitioners are
identical to the case of Karan Singh Meena (Supra).
7. It is also an admitted position that none of the petitioners
challenged the selection process prior to participating in the same and
it is only after they were unsuccessful, they sought to challenge the
same.
8. In view of the ratio laid-down in Karan Singh Meena (Supra)
that after having participated in the selection process, the candidate
cannot challenge same after he has been declared unsuccessful, we are
of the view that the petitions filed by the petitioners would not be
maintainable as they have only challenged the criteria after
participating in the selection process and being declared unsuccessful.
We find no reason to take a different view.
9. In view of the above, we find no merit in the petitions. The
petitions are accordingly dismissed.
SANJEEV SACHDEVA, J
TUSHAR RAO GEDELA, J
OCTOBER 13, 2022
'rs'
Signature Not Verified
Digital Signed By:KUNAL
MAGGU
Signing Date:17.10.2022 13:05:07
This file is digitally signed by PS
to HMJ Sanjeev Sachdeva.
