A candidate who participates in a selection process without objection is precluded from subsequently challenging the process.

JUDGMENT :

Heard learned counsel for the parties.

2 This writ petition has been filed with the following prayer:-

“For issuance of an appropriate writ/order/direction to the respondents to publish the result of City Manager under the Urban Local Bodies of Government of Bihar by adding the marks of four wrong model answers. However, the Commission has already deleted the two model answers, serials No 13 and 14.

The petitioner further prays for to consider the case of this petitioner for declaration of result and publish the same in the light of Government notification which contain in Memo No 24 dated 05.01.2015 and Advertisement No 21010116 by the Staff Selection Commission dated 15.11.2016.

For any other relief/reliefs for which the petitioner may be found entitled.”

3. The Urban Development and Housing Department, Government of Bihar issued a notification bearing Memo No 24 dated 05.01.2015 containing the Rules for regulating the recruitment, promotion and other service conditions to the post of City Manager under the Urban Development and Housing Department. The Rule contemplates appointment to the posts by direct recruitment (written examination) on the recommendation of the Bihar Staff Selection Commission (for brevity, the Commission). Total 100 marks are to be determined for direct recruitment. The break up has been prescribed in the Rules. The break up, as per the Rules, is 70 marks out of 100 marks to be determined for the written examination, 10 marks for every year for experience working on contractual basis, subject to a maximum of 30 marks.

4. The process of recruitment has been prescribed in Rule 5 of Bihar City Manager Cadre (Appointment and Service Condition Rules (for brevity, the Rules), 2014 which reads as follows:

5. Process of recruitment, appointment and procedure of Recruitment:-

(i) Appointment to the basic category of these posts in this cadre, will be by direct recruitment (written examination) on the recommendation of the Commission. Total 100 marks will be determined for direct recruitment.

Out of total 100 marks, 70 marks will be determined for the written examination. 10 marks for experience for every year and a maximum 30 marks shall be given for the appointment to the post of City Manager working on contract basis.

Determination of subjects for written examination will be determined by the Commission in consultation with the Department.

(ii) Notwithstanding anything contained in these Rules, where any post in the cadre is vacant due to unavailability of suitable candidate or where any post is vacant due to leave of anyone or is vacant on temporary basis, in the interest of work that post may be filled up by suitable qualification holder person by deputation/contract basis.”

5. The Rules also provided for reservation, age limit, educational qualification and other matters, which for the present controversy, are not relevant.

6. The Commission has issued Advertisement No 21010116 inviting applications for registration between 21.11.2016 to 19.12.2016 for appointment to the post of City Manager. The Advertisement specifically provides for a written examination with weightage of 70 marks and maximum 30 marks to be awarded for experience (10 marks for each year of experience gained while working on contractual basis as City Manager).

7. Petitioner is an applicant and appeared in the written examination held on 01.09.2018. After conduct of the written examination, the Commission issued notice dated 30.10.2018 declaring the Model Answers which had been uploaded on the website of the Commission. Accordingly, objections were invited from the candidates.

8. There is no averment in the writ petition that the petitioner had filed any objection. Petitioner, on the contrary, has relied upon an objection dated 15.11.2018, purportedly filed by another candidate, namely, Amarjit Kumar, who is not a party to the instant proceedings. Six of the Model Answers have been objected to by the said Amarjit Kumar.

9. The final list of s