Candidates who voluntarily participate in a selection process cannot challenge the selection criteria after being unsuccessful.

1. The instant Letters Patent Appeal is directed against the final order /Judgment passed on 07.05.2013 by learned Singe Judge in SWP No. 1232/2005, whereby the writ petition filed by the appellant along with seven others (hereinafter to be referred to as "petitioner") against the selection/ appointment of private respondents for the post of Dental Surgeon, in terms of notification. No. 5-PSC of 2003 dated 23.06.2003 has been dismissed.

2. Facts which have arisen for disposal of this appeal are detailed out as under:-

3. In terms of notification dated 23rd June, 2003, respondent No. 2 (Jammu and Kashmir Public Service Commission) invited applications from the candidates fulfilling the eligibility criteria prescribed under the Recruitment Rules and reflected in the notification, for 33 posts of Dental Surgeon in the Pay Scale of Rs. 8000-13500 in Health and Family Welfare Department of the State Government. The petitioners, respondents 3 to 58 and other eligible candidates responded to the advertisement notice. The selection process was completed and list of selected candidates published on 23rd August, 2005. The selected candidates were appointed as Dental Surgeons vide Government order No. 459-HME of 2005 dated 29.08.2005. The petitioners did not find place in the select list and therefore were not appointed as Dental Surgeons.

4. Petitioners feeling aggrieved of their non selection filed writ petition and challenged the selection of private respondents 3 to 58 on the grounds set out in the writ petition and sought quashment of notification dated 23rd August, 2005 whereby the select list has been notified and the Government order No. 459-HME of 2005 dated 29.08.2005 appointing selected candidates as Dental Surgeons in the grade of Rs. 8000-13500. Petitioners also prayed for writ of certiorari, seeking quashment of Rule 51 of Jammu and Kashmir Public Service Commission Rules (Business and Procedure Rules) 1980, issued vide notification No. 164-PSC of 2004 dated 25.10.2004 and writ of mandamus commanding the respondent No. 2 to recast the merit list and declare petitioners selected as Dental Surgeons.

5. On adjudication of the matter, learned single Judge in terms of impugned final order/Judgment dismissed the writ petition, after recording reasons for the same. Petitioners' case is that in terms of Amended Rule-51 notified vide notification No. 164 of 2004 dated 25th October, 2004 weightage given to the academic merit is less than 30 marks though the Rule-51 on the first look gives an impression that 50 marks stand earmarked for academic merit. The impugned Rule, it is pleaded convents merit into demerit leaves room for arbitrary and capricious exercise of discretion in making the selection. The petitioners insist that their merit and experience has been ignored by the respondent Commission while making the selection and that the whole exercise taken by the respondent Commission is violative of Article 14 and 16 of Constitution of India.

6. Respondent Commission has resisted the claim on the grounds that the Commission while making selection has adhered to the Constitutional mandate inasmuch as a level play field, has been provided to all the candidates aspiring for the advertised posts and the selection made on the basis of performance of the candidates including the petitioners and respondents 3 to 58. It is pleaded that the screening test is conducted to short list the candidates in the ratio of 1:3 and the merit obtained in the screening test does not carry any weightage for the purposes of filial selection. It is insisted that merit in academics may not be decisive about suitability of a candidate and due weightage, while making selection, weightage is to be given to the performance of the candidate in interview wherein the merit is assessed by the Members of the Commission with the assistance of expert in the field. It is pointed out that interview in the present case conducted with the assistance of an expert w