Unsuccessful candidates cannot challenge the recruitment process after participating in it.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. Heard Shri R.P. Sarmah, learned Senior Counsel assisted by Shri D. Doley, learned counsel for the petitioners. Also heard Shri J.K. Goswami, learned Addl. Sr. Govt. Advocate, Assam appearing on behalf of the official respondents. The private respondents were served through newspaper publications and they have chosen not to contest this writ petition.

2. The issue raised in this writ petition is in connection with a recruitment process for filling up of the posts of Constables (AB) in the district of Lakhimpur. It is the case of the petitioners who are 10 in numbers that a recruitment process was initiated vide an advertisement dated 10/10/2007 for a number of posts of Constables in the various districts of the State of Assam and so far as the district of Lakhimpur is concerned, the vacancies were identified to be 67 in numbers. The selection was to be made district wise. The petitioners, who were aspirants, had duly participated in the said recruitment process and were unsuccessful. The petitioners could learn that there were several anomalies and illegalities in the recruitment. The learned senior counsel, Shri Sarmah appearing for the petitioners has made the following submissions in support of his challenge to the entire recruitment process:

(1) Though the recruitment was done district wise, persons whose residence was outside the district had also participated and were selected which had caused prejudice to the petitioners who are all permanent residents of Lakhimpur.

(2) The advertisement itself is a flawed one so far as the quota of reservation for women is concerned, instead of 30%, 10% has been reserved and in the instant case, five numbers of petitioners are women.

(3) The selected persons include some persons who did not even participate in the selection process.

3. The learned Sr. Counsel by drawing the attention of this Court to the averments made in paragraphs-11 and 12 has given specific instances of certain persons who did not even appear in the interview and have been selected. Instances of candidates from other districts have also been given. The learned Senior Counsel, accordingly submits that so far as the recruitment in the district of Lakhimpur is concerned, the same be interfered with and the cases of the petitioners be considered afresh by adhering to the rules of reservation including that of woman.

4. On the other hand, Shri Goswami, the learned Addl. Sr. Govt. Advocate submits that the writ petition, as such, is not maintainable in view of the fact that the petitioners took a chance in the selection process and having failed in the same cannot be allowed to turn around and challenge the same. Secondly, it is submitted that the ground regarding women reservation has not been pleaded in the writ petition and, therefore, at the time of final hearing, it cannot be taken up as the respondents were not in a position to controvert the same in the affidavit-in-opposition filed. It is further submitted that the grounds of illegality and anomalies are absolutely vague and without any material particulars and, therefore, a writ Court cannot be used for making a roving enquiry into such allegations. It is also contended that the recruitment was of the year 2008 and in absence of any interim order, the selected candidates, who have been working for a long period of about 14 years, should not be disturbed from their employment. The Govt. Advocate, accordingly submits that the writ petition is liable to be dismissed.

5. Rejoining his submissions, Shri Sarmah, the learned Senior Counsel submits that the issue of 30% reservation for women is a pure question of law which can be raised at any point and to rebut such grounds, the learned Govt. Advocate can produce the records and no pleadings, per se, is necessary.

6. This Court has given its anxious consideration to the rival submissions advanced on behalf of the parties. This Court is of the opinion that the learned Senior Counsel for the pet