Candidates participating in a selection process without protest cannot challenge the results afterward. Writ petitions may not be maintainable without impleading selected candidates.

JUDGMENT :

1. The instant writ petition has been filed challenging the select list dated 21.12.2010 which was published in the Assam Tribune newspaper.

2. The facts of the instant case as discerned from a perusal of the writ petition are that on 08.02.2010, an advertisement was issued by the Additional Director General of Police (TAP), Assam Ulubari, Guwahati for filling up of 3,843 nos. of vacant posts of AB constable including 637 nos. backlog vacancies of AB constables. In the said advertisement, 10% of the vacancies were reserved for women, and other reservations are 27% for OBC/MOBC category candidates, 7% for SC category candidates, 5% for ST(H) category candidates and 10% for ST(P) category candidates. The Petitioners herein are all belonged to the OBC category candidates and applied in respect to Morigaon District. It is further relevant to mention that for Morigaon District, the total vacancies were 74. As many as 1600 nos. of candidates had participated in the said selection process insofar as the Morigaon District is concerned. The Petitioners claimed that they had performed the physical efficiency test to the best of their ability and thereupon had also performed well in the interview. The Petitioners were expecting that they would be selected in the said selection process. However, when the select list was published in the Assam Tribune on 21.12.2010, the Petitioners were shocked and surprised that they were not selected. The Petitioners thereupon being aggrieved have filed the instant writ petition by challenging the said select list.

3. It is relevant to take note of that although there has been certain allegations have been made of bias or for that matter that some of the candidates were not qualified but selected but none of the selected candidates were made parties to the instant proceedings. It reveals from the records that on 08.04.2011, this Court had issued Rule and directed that the instant writ petition be listed along with WP(C) No.1086/2011.

4. The records further show that an affidavit-in-opposition was filed by the Respondents through the Deputy Superintendent of Police (HQ), Morigaon. In the said affidavit-in-opposition, it was mentioned that in the month of February, 2010, an advertisement was published in various news papers for conducting Recruitment Rally for selection of candidates for appointment as AB Constables in Assam Police against 3843 posts. It was stated that the number of posts allotted for Morigaon District was 74 only. The Recruitment Rally was conducted as per the laid down procedures and the final selection list of the candidates was prepared purely based on total marks secured in the physical efficiency test and in the interview. It was further stated that as per the reservation policy and total marks secured, the final selection list of the candidates was prepared by the District Level Selection Committee (DLSC) and sent to the State Level Police Recruitment Board (SLPRB) for approval and publication of the result. After scrutiny and approval by the State Level Police Recruitment Board (SLPRB), the final selection list of Morigaon District was published by the State Level Police Recruitment Board (SLPRB). In the said affidavit-in-opposition, it was further mentioned that the cut off marks for the General category candidates was 65.5; for SC category candidates was 64; for ST(P) category candidates was 65; for ST(H) category candidates was 59; for OBC category candidates was 65; for female candidates was 68. In the said affidavit-in-opposition, the marks so obtained by the Petitioners who all belonged to the OBC category was enclosed as Annexure-II. It reveals from the said document that the Petitioner Nos. 1, 2, 3 and 4 were awarded 53.5, 56, 53.5 and 62.5 marks respectively and as such their marks were below the last selected candidates in the OBC category who obtained 65 marks. It further reveals that the select list of all the selected candidates of Morigaon District were also e