Point of Law: It is a settled position of law that a candidate, who consciously takes part in selection process, cannot turn around and question very selection process. When two petitioners were disqualified at stage of physical fitness test, they are precluded from challenging selection process held after stage they were declared disqualified.

JUDGMENT :

1. By invoking the extra-ordinary and discretionary jurisdiction under Article 226 of the Constitution of India, the instant writ petition has been preferred by two petitioners seeking inter alia cancellation of the entire process of selection that was undertaken pursuant to an Advertisement dated 28.11.2014 for filling up of 54 [fifty-four] nos. vacancies in the of post of Excise Constable in the Department of Excise, Government of Assam, and also for a direction to the respondent authorities in the Excise Department, Government of Assam to hold a fresh selection process for filling up of those 54 [fifty-four] nos. of vacancies in the post of Excise Constable.

2. An Advertisement was published by the respondent no. 2 i.e. the Commissioner of Excise, Assam on 28.11.2014 for filling up of 54 [fifty-four] nos. of vacancies in the post of Excise Constable under the establishment of the respondent no. 2. The Advertisement mentioned that the post of Excise Constable would carry a Pay Scale of Rs. 5,200/--Rs. 20,200/-[PB-2] with Grade Pay of Rs. 2,000/-. The educational qualifications prescribed in the Advertisement for the post of Excise Constable was minimum High School Leaving Certificate Examination [HSLC] or its equivalent from any recognized University/Board. The Advertisement had further laid down the procedure of selection for the post of Excise Constable. As per the Advertisement, there would a physical test followed by the viva-voce. In the physical test, the male candidates would be required to run 1,500 metres in 5 [five] minutes and the female candidates would have to complete the running of 800 metres in 4 [four] minutes. There would be no written test for the candidates aspiring for the post of Excise Constable. The successful candidates in the physical test would be called for the viva-voce. The Advertisement also prescribed about the physical attributes to be possessed by the male candidates and the female candidates for the post of Excise Constable.

3. In response to the Advertisement dated 28.11.2014, both the petitioners submitted their candidatures. While the petitioner no. 1 had applied for the post of Excise Constable from Kamrup District the petitioner no. 2 had applied for the post of Excise Constable from Barpeta District. Call letters dated 22.04.2015 and 20.03.2015 were issued to the petitioner no. 1 and petitioner no. 2 respectively to appear in the physical fitness test/running test. In the call letter issued to the petitioner no. 1, he was assigned Roll no. 2-GU-3758 and he was asked to appear in the physical fitness test to be held at Sarusajai Stadium on 24.05.2015. In the call letter issued to the petitioner no. 2, he was assigned Roll no. 1-BG-08720 and he was asked to appear in the physical fitness test to be held at Birjhora Higher Secondary School on 05.05.2015.

4. It was the case of the petitioners that on receipt of the call letters, the two petitioners appeared at the respective notified venues before the respondent authorities on the dates scheduled for the physical fitness tests in terms of the call letters and completed 1,500 metres of running within the stipulated time limits. The petitioners had asserted that after the running, they were physically checked along with other candidates and both of them were found fit without any deficiency and as such, they became eligible to appear in the viva-voce test. The petitioners were surprised when the respondent authorities published a list containing the Roll nos. of the candidates who were called for the viva-voce test to be held from 17.08.2015 on wards. The Roll nos. of the two petitioners did not figure in the list. Aggrieved thereby, the petitioner no. 2 had approached this Court by a writ petition, W.P.[C] no. 4657/2015. There was another writ petition, W.P.[C] no. 4069/2015 of similar nature, preferred by three other candidates who appeared in the physical fitness test held for the recruitment of Excise Constable pursuant to th