Marks for experience to be awarded based on interview, not on the basis of certificate. Principles of estoppel apply when a candidate participates in the selection process without protest.

N. Paul Vasanthakumar, J.

The appellant in both the writ appeals filed W.P.No.16814 of 2009 praying for quashing the order dated 27. 2009 of the 5th respondent empanelling the candidates for Indane Gas Distributorship and for consequential direction to the 5th respondent to assign four marks to the petitioner under "Experience Parameter" on the basis of the certificate dated 27. 2009 produced by her under Clause 14(2) of the brochure for selection of Indane Gas Distributorship.

2. Pending disposal of the writ petition, the appellant/writ petitioner filed M.P.No.1 of 2009 seeking interim injunction restraining respondents 1 to 4 from confirming the Indane Distributorship to the 6th respondent, and M.P.No.2 of 2009 seeking direction to the 4th respondent to produce the application of 31 applicants, whose names are furnished in the Annexure to the petition along with 7th respondents application and to examine the non-grant of marks under the experience parameter for all the 31 applicants in comparison to that of 7th respondent.

3. The above said two miscellaneous petitions -M.P.Nos.1 and 2 of 2009 in W.P.No.16814 of 2009 were dismissed by the learned Single Judge by common order dated 19. 2009, against which W.A.Nos.1573 and 1574 of 2009 are preferred.

4. When the writ appeals came up for hearing, the learned Counsels appearing for the parties agreed for hearing the main writ petition also along with the writ appeals so that the controversy can be resolved one way or the other. Therefore, by consent of the parties, the writ petition itself is taken up for final disposal.

5. The case of the writ petitioner is that the first respondent issued a notification calling for applications for the Distributorship of Indane Gas at Gobichettipalayam, Erode District on 2. 2008 under the Open Category, reserved for Women. The appellant/writ petitioner applied for the said Distributorship by submitting her application. Appellant/Writ Petitioner and others were called for interview by the 5th respondent Committee. According to the Appellant/Writ Petitioner, under the heading Experience, even though four marks are to be awarded, the writ petitioner was not awarded any mark, even though she had produced experience certificate. The results of the interview was announced on 27. 2009, wherein the appellant/writ petitioner was not empanelled, whereas the 6th respondent was placed at first; 7th respondent was placed at third; and one S. Ezhilarasi was placed at second in the selection list. As the appellant/writ petitioners name was not empanelled, she has filed the above writ petition contending that for her experience, she was not awarded any mark and if four marks are awarded based on her experience certificate, she will be selected. According to the petitioner, non-awarding of marks for her experience based on the certificate produced is arbitrary.

6. The Senior Area Manager of the Indian Oil Corporation/4th respondent has filed counter affidavit stating that as per the advertisement inviting applications, marks were awarded on the basis of the performance in the interview with regard to the experience and not by mere production of experience certificate. In the counter affidavit it is further stated that 31 candidates who attended the interview were awarded nil mark for experience. It is also stated that the petitioner having taken part in the selection and on coming to know that she was not selected, had chosen to submit a representation on 27. 2009 and therefore she is not entitled to challenge the mode of selection after taking part in the selection process in terms of the notification.

7. Heard the learned counsel for the appellant/writ petitioner as well as respective counsels for the respondents.

8. The point for consideration in this case is whether the writ petitioner/appellant is right in contending that by merely producing experience certificate, she is entitled to claim marks under the heading experience.

9. The notifica