Orissa High Court
K.L. Kumar & Another vs Union Of India & Others on 27 January, 2021
W.P.(C ) No.14104 OF 2008
K.L. Kumar & Another...............Petitioners
Vs.
Union of India & Others...........Opposite Parties
15. 27.1.2021 This matter is taken up through video
conferencing.
Heard learned counsel for the parties.
By way of this Writ Petition, the petitioners have
challenged the judgment and order dated 13.8.2008 passed
in OA No.186 of 2005 by the Central Administrative Tribunal,
Cuttack Bench, Cuttack.
The brief facts of the case is that as per Notification
dated 16.7.2004, the petitioners and opposite party nos.4,5 &
6 were invited by the opposite party nos.1,2 & 3-Department
to fill up the posts of Loco Inspectors and options were also
called for from the willing and eligible Goods/Sr. Goods
Driver, Passenger/Sr. Passenger Driver/Mail/Express Drivers
from the opposite parties-Department who are having
minimum three years foot plate experience in view of
instructions contained in Establishment Sl. NO.145/2002.
In pursuance of the notification, both the petitioners along
with opposite party nos.4,5 & 6 were filed their respective
applications for the above post and written test for the said
post were conducted on different dates. Both the petitioners
had also participated in the written test and the candidates
who were found suitable were called for the interview and a
panel of the successful candidates was also prepared and
approved by the competent authority of the opposite parties-
Department.
The grievance of the petitioners is that since the
petitioners are all employees coming within the feeder cadres
i.e. Asst. Driver, Shunting Driver, Goods Driver, Passenger
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Driver, they ought to have been selected for the said post
and the opposite parties have not made the selection of the
candidates in accordance with the rules and regulation
followed by the Department for which the petitioners have
filed O.A. No.186 of 2005 before the Central Administrative
Tribunal, Cuttack Bench, Cuttack and the learned Tribunal
dismissed the O.A. with an observation that that if any non-
experienced candidates to the grade of Loco Inspectors, as
averred by the petitioners in O.A. No.856/2006, has been
selected, empanelled and/or appointed, it is left to the
Respondent-Department to consider as such and if they are
not entitled for any selection on the question of experience,
the matter shall be considered according to law. Hence, this
Writ Petition.
Learned counsel for the opposite parties-
Department and opposite party nos.4,5& 6 submitted that
once the petitioners have already participated in the selection
process, they are estopped from challenging the very same
process, procedure and rules or instructions governing such
selection. It is also submitted that the petitioners having not
the requisites qualifications of three years foot plate
experience, they were not selected for the post of Loco
Inspectors. It is further submitted that as per the judgment
of the Apex Court in MadanLal & Ors. Vs. State of Jammu
& Kashmir &Ors.,reported in AIR 1995 SC 1088, once a
person participated in a selection process, he is estopped
from challenging the said selection process and also
submitted that when selection was made in the year 2004-
2005, the petitioners had challenged the selection process at
a belated stage i.e. in the year 2005-06.
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Considering the submissions of the
learned counsel for the parties, this Court is of the opinion
that had the petitioners challenged the selection process
before they appear the written test, the matter would have
been different. Once they participated in the selection
process and adopted the procedure and rules or instructions
governing such selection process, they cannot again
challenge the same selection process having not been
selected for such post.
In view of the decision of the Apex Court in the case
of MadanLal & Ors. Vs. State of Jammu & Kashmir &
Ors. reported in AIR 1995 SC 1088, this Court is not
inclined to allow the Writ Petition and accordingly the same
is dismissed.
Learned counsel for the parties may utilize the soft
copy of this order available in the High Court's website or
print out thereof at par with certified copies in the manner
prescribed, vide Court's Notice No.4587 dated 25.3.2020.
.............................
S. Panda, J.
.................................
S. K. Panigrahi, J.
sp
