Candidates participating in a selection process cannot challenge the process or regulations post-selection, establishing a principle of acquiescence in recruitment law.

ORDER :

1. The petitioners in both these petitions are before this Court seeking the following reliefs:

In Writ Petition No.147267/2020:

“a) Issue a writ of Certiorari or any other appropriate writ or order or direction quashing the Çadre and Recruitment Rules Of KREIS Rules 2011 vide ANNEXURE-F;

b) Issue a writ of Certiorari or any other appropriate writ or order direction quashing the final selection list Published by KPSC Udyoga Souda Bengaluru – 01/ Respondent No.2 bearing No. R (2) 712/2020-21/psc dated 9/6/2020 produced at ANNEXURE-H violation as of Article 14, 16, and 21 of the Constitution of India and, also as opposed to NCTE regulations;

c) Issue a writ, direction or order including the writ of mandamus, directing the respondents No. 1 to 4 to consider the case of the petitioners for selection and appointment to the post of the Hindi Language Teachers have prescribed qualification, than the respondent no. 5 to 54 whose names have been included in the final select list Published by the KPSC Udyog Souda, Bengaluru - 1 Respondnet 21/psc dated 09.06.2020 produced at ANNEXURE-H and grant them all consequential relief to which they are entitled to meet the ends of justice.

d) Grant such other further relief deems fit in the circumstances of the case.”

In Writ Petition No.100581/2024:

“I. Issue a writ or a direction or an appropriate order in the nature of Certiorari quashing the adoption of Government order No. ED 160 PTI 2003 dated 24.02.2004 and G. O No. ED 125 PTI 2003 dated 16.08.2003 in Schedule-I to the Karnataka Residential Education Institution Society (Cadre and Recruitment) Regulations, 2011 dated 22.01.2011 for selection of Hindi Language Teacher vide Annexure- B to the writ petition.

II. Issue a writ or a direction or an appropriate order in the nature of Certiorari quashing the impugned selection list passed by the 2nd respondent bearing No. R(2) 712/2020-21/PSC dated 09.06.2020 vide Annexure-E in so far it relates to the selection of candidates with Equivalent Degrees.

III. Issue a writ or a direction or an appropriate order in the nature of Certiorari quashing the impugned selection list passed by the 2nd respondent bearing No. PSC 274 RTB (2)/22-23/2897 dated 13.09.2023 vide Annexure-H insofar it relates to the selection of candidates with Equivalent Degrees.

IV. Issue a writ or a direction or an appropriate order in the nature of Mandamus directing the respondent No.2 authority to extend the benefit of appointment to the petitioners by considering their academic credentials.

V. Issue such other orders and grant such other reliefs deemed fit and proper, in the circumstances of the case, in the interest of justice and equity.”

2. The petitioners in Writ Petition No.147267 of 2020 and the private respondents were all participants in a selection process pursuant to a notification issued by the KPSC seeking to appoint Hindi Teachers in the school run by the Karnataka Residential Educational Institutions Society (KREIS).

3. The notification was issued on 23.06.2017. The petitioners were not selected but the private respondents were. The petitioners then after their non selection in the final select list have sought to question the selection of the private respondents on the twin score that as on the date when the notification was issued on 23.06.2017 the private respondents could not have been appointed as Hindi Teachers as by then, the equivalence declared by the state was withdrawn two months prior to the notification.

4. Learned counsel Smt.Veena Hegde, appearing for the petitioner submits that the petitioners were no