IMPORTANT POINT
Candidates who participate in a selection process without raising objections are estopped from later challenging its fairness.

ORDER :

1. This writ petition has been filed by the petitioners with the following prayers:

“(i) Issue a writ order or direction in the nature thereof the respondent be consider the petitioners for appear in typewriting test on computer who shall be scheduled very soon.

(ii) Issue a writ order or direction to the respondent for consider the representation given of the petitioner and to be included in typewriting test on computer as per corrigendum dated 02.06.2024.

(iii) Issue a writ order or direction to the respondent after included in typewriting test on computer as per corrigendum dated 02.06.2024 and after passing of said test petitioners be appointed for the post of System Assistant.

(iv) Any other appropriate order or direction, which this Hon’ble Court may deem just and proper, be passed in the interest of justice and to grant adequate relief to the humble petitioners.”

2. The respondent(s) issued advertisement dated 18.12.2023 for recruitment to the post of System Assistant, 2023. In pursuant to the said advertisement all petitioners applied for the said post for which written test (first phase) was conducted by the respondent(s) on 03.03.2024. All the petitioners appeared in the said written test and result of the written test was declared by the respondent(s) on 19.03.2024. In the second phase, the type test was held by the respondent(s) on 18.05.2024 in which all petitioners appeared, however, after participating in the written test and type test they submitted representations on various dates i.e. 29.05.2024, 19.06.2024, 30.05.2024 and 05.06.2024 to the respondent(s) for conducting fresh type test on the ground that the respondent(s) have issued a corrigendum on 02.06.2024 for conducting the fresh type test for SC category (women candidates).

3. Learned counsel for petitioners submitted that the respondent(s) are going to conduct the type test for SC category (women candidates) and one more chance be given to the petitioners along with those candidates to appear in the type test.

Learned counsel further submits that there were technical faults with the computer and keyboard provided to the petitioners for which they were not responsible and they failed to type the answers properly in the said type test.

4. Learned counsel appearing on behalf of the respondent(s) opposed the writ petition and submitted that there is no fault on their part to conduct the type test and after examination all the candidates signed the form with regard to their satisfaction that their peripherals and systems were working properly, more particularly, in para no.5 of the reply it has been submitted on behalf of the respondent(s) as under:

“That it is pertinent to mention that prior to starting of typewriting test on computer, all the candidates were being directed time and again by way of announcement to please check all the additional equipment’s like monitor, keyboard, mouse etc. of the computer and also to click of the icon “Peripheral Check” and do the practice of typing. All the candidates checked the computers & additional equipment’s and also practice typing before the starting of typewriting test on computer. In case, any candidate raise any objection regarding non-working of their respective computer or any of the additional equipment thereof, the same was attended immediately and required follow up action of changing the computer or equipment thereof was taken. After verifying that all the candidates have checked their computers and its additional equipments, the type writing test on computer was started. After examination, all the candidates verified the fact that their peripherals and system were working properly and voluntarily signed the certificate to this effect. In these circumstances the facts mentioned in the writ petition are not tenable and writ petition is liable to be dismissed.”

5. Learned counsel appearing for respondent(s) submits that as per instructions uploaded on the official website of the respondent(s) with regard t