Jammu & Kashmir High Court - Srinagar Bench
Kulsuma Akhter vs Union Territory Of J&K And Ors on 3 March, 2021
Sr. No. 212
HIGH COURT OF JAMMU AND KASHMIR
AT SRINAGAR
LPA No.349/2019
CM No.8102/2019
Kulsuma Akhter ...Appellant(s)
Through: Mr. R.A. Jan, Sr. Advocate with Mr. Taha
Khalil, Advocate.
versus
Union Territory of J&K and ors. ...Respondents
Through: Mr. Sajad Ashraf, GA
Mr. Rais-ud-din, GA
Mr. Bilal Ahmad Malla, Advocate
Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
HON'BLE MR. JUSTICE SANJAY DHAR, JUDGE
JUDGMENT
Tashi Rabstan-J
1. This Letters Patent Appeal is directed against the judgment and order
dated 09.12.2019 delivered by the learned Single Judge in SWP No.724/2018,
whereby, while dismissing the writ petition, the learned Judge was of the view
that since the petitioner had failed to appear in the examination, therefore, has
no claim for stalling the selection.
2. Apart from questioning the constitution of Committee for conducting the
practical test for the purposes of selection against the post of Junior Craft
Instructor Darning, Paper Machine and Silverware, the appellant/writ petitioner
has also questioned the conducting of written examination for the posts of
Junior Crafts Silverware and Junior Crafts Darning on the ground that both the
papers fell simultaneously on the same date and time, i.e., 16.03.2018.
2 LPA 349/2019
3. Although the appellant/writ petitioner questioned the conducting of both
the tests on the same date and time, however, the record so produced reveals
that she opted to remain absent during conduct of the practical test for the said
posts, thus failed to appear in either of the tests on the said date. Once the writ
petitioner did not appear in either of the tests on the scheduled date, she has no
right to challenge the same at a later stage. However, as per record, she failed
in the practical test for the post of Junior Craft Instructor (Paper Machine).
Further, the appellant/writ petitioner did not raise any objection regarding
constitution of the committee for conducting practical test for the said posts
right from the date of issuance of notification dated 08.03.2018 till the holding
of the examination, rather she questioned the same only after the completion of
examination. The Apex Court in a number of judgments has reiterated that a
candidate once participated in the selection process pursuant to the
advertisement notice and after having failed to make the grade cannot question
the selection process.
4. Viewed thus, we are not inclined to take a view other than the one taken
by the learned Single Judge. The appeal fails and the same is, accordingly,
dismissed along with connected CM.
JAMMU (SANJAY DHAR) (TASHI RABSTAN)
03.03.2021 JUDGE JUDGE
(Anil Sanhotra)
I pronounce this judgment today in terms of Rule 138(4) of the Jammu
and Kashmir High Court Rules, 1999.
Jammu (SANJAY DHAR)
03.03.2021 JUDGE
ANIL SANHOTRA
2021.03.05 12:14
I attest to the accuracy and
integrity of this document
