Once a candidate participates in the selection process without raising objections, they cannot subsequently challenge the terms and conditions of the advertisement.

JUDGMENT

Sujit Narayan Prasad, J. - This writ petition has been filed under article 226 of the Constitution of India wherein the petitioner has prayed for issuance of a direction to consider his case for appointment as Clerical Grade-III.

2. Mr Prakash Chandra, learned counsel for the petitioner while arguing the case, has submitted that in terms of its advertisement dated 10.07.2014, the selection process has been initiated wherein the selection process has been decided which consist of 02 (two) stages i.e., written test and viva voce and out of total 100 marks, 85 marks has been decided to be kept and written test and 15 marks for interview. The passing marks of written test has been fixed on 50 for general candidates and 45 for SC/ST candidates while pass marks for viva voce has been fixed 9 for all candidates.

3. According to him there is infirmity in the selection process for the reason that two merit lists have been prepared, one has been annexed in Annexure 4 wherein the list of such candidates are there, who have been found to be successful in the written examination as per the pass marks provided in the advertisement, but subsequent thereto the respondent authorities have come out with the second list as has been annexed as Annexure - 6 wherein, the failed candidates who have secured less marks than the qualifying marks have also been included and on the basis of that they have been called upon to participate in the interview and on the basis of that a merit list has been prepared and therefore the chance of the success of the petitioner has been vanished. Hence this writ petition has been filed.

4. In course of argument, it has been submitted by the learned counsel for the appellant that in the advertisement there is no reference of any vacancy but the respondent-management has stated in the counter affidavit that altogether 479 vacancy have been filled up. He further submits that it is mandatory requirement for the appointing authority or the selection body to insert the exact number of vacancy in the advertisement in order to avoid confusion in the selection process but that has not been done as such illegality has been committed by the appointing authority.

5. Mr. Amit Kumar Sinha, learned counsel appearing for the respondentBharat Coking Coal Limited on the strength of counter affidavit, has submitted that there is no illegality committed by the selection body although there is no reference of any vacancy but the total number of vacancy as has been inserted by the appointing authority was 479. He further admits that initially, it was the decision of the authority to call upon successful candidates who have qualified in the written Exam but subsequently all the candidates have been allowed to be participated in the Interview/viva voice test but as per the list annexed Annexure B to the counter affidavit none of the candidates has been selected who have not been found to be successful in written examination as is evident from the list containing the names of 479 candidates. He submits that the last selected candidate, amongst 479 candidate, has got 52 marks in written examination and 11 marks in interview hence on attaining 63 marks the candidate has been selected and engaged. Since the petitioner has obtained 60 marks and as such below in the merit list, has not been selected and engaged. As such, there is no illegality in not engaging the petitioner.

6. Heard the learned counsel for the parties and after going across the materials available on record and the pleading filed by the respective parties, it is evident that an advertisement had been published by the respondent authorities inviting applications to fill up the vacancies of Clerk/Store Issue Clerk in Clerical Grade - III, the petitioner is concern with the vacancy of clerk in Clerical Grade-III. It is evident from the advertisement that the decision was taken by the selecting committee to select the candidates on the basis of two stages of examination i.e.