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INDERJEET SINGH
Vikash Singh Choudhari – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
1. Counsel for the petitioner submitted that the issue involved in this writ petition has been considered and decided by this court in the matter of Jugal Kishor Gurjar v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No.5853/2022 along with other connected matters) wherein on 16.08.2022, the following order was passed:-
"1. These writ petitions since involve common question, hence with consent of the parties, have been heard together and are being decided by the present common order.
2. As prayed, the facts have been taken into consideration from S.B. Civil Writ Petition No.5853/2022 and the prayer made therein reads as under:-
"It is, therefore, most respectfully prayed that this Hon'ble court may very graciously be pleased to accept and allow this writ petition and further be pleased to :
i) Issue an appropriate writ order or direction in the nature thereof thereby, directs the respondents to examine the Chip No.T-42004 of petitioner and thereby give proper marks in the 100 meter race and further call for the Videography recorded during the test of Physical Test which was held 13.02.2022 at Maharana Bhupal Stadium, Chetak Circle, Udaipur and the respondents further dir
Participating in the selection process without raising objections creates a bar of waiver, and allegations of mala-fides require credible proof.
The main legal point established in the judgment is the requirement for petitioners to provide tangible evidence to substantiate allegations of mala fide and arbitrariness in the selection process.
No judicial interference in completed recruitment process absent proven arbitrariness or illegality; videography ensures transparency but not for post-event re-evaluation; unsubstantiated allegations....
Point of Law : candidates cannot approbate and reprobate at the same time. Either the candidates should not have participated in the interview and challenged the procedure or they should have challen....
Employment and Service matter - Grade-IV employees - Selection process - Selection process is not subject matter of challenge in absence of any grounds, subsequent action of issuing appointment order....
The petitioner's participation in the selection process did not preclude challenging the illegality, and the appointments were set aside due to gross anomalies and illegality.
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