A candidate cannot challenge a selection process after participating and being unsuccessful; such claims are barred by the doctrine of estoppel.

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Copy of the government order dated 03-11-2015 placed by Mr. Mahendra Pratap Singh and Mr. Shyama Charan Dixit, learned counsels for the respondent nos. 6 & 7, is taken on record.

2. Heard Mr. Abhinandan Kumar Pandey, learned counsel for the petitioner, learned counsel for the State, Mr. Jogendera Nath Verma, learned counsel for the respondent no. 2, Mr. Anurag Kumar Singh,learned counsel for the respondent no. 5, Mr. Mahendra Pratap Singh and Mr. Shyama Charan Dixit, learned counsels for the respondent nos. 6 & 7.

3. By means of the present writ petition, the petitioner has assailed the advertisement dated 30-12-2024, issued by the respondent no. 6 and further all the consequential appointments and selection process undertaken thereof, is also under challenge.

4. Contention put forth by the learned counsel for the petitioner is that after the Uttar Pradesh Subordinate Service Selection Commission Act, 2014(hereinafter referred to as "Act,2014"), is promulgated by the state legislature and the same came into effect since 20-06-2014, the selection in non government aided institutions should have been done by the Commission and not by any other authority. He submitted that the First Statutes of the Lucknow University does not provide the correct process of selection and therefore, the same would not be applicable in the case of the non government aided institutions. He added that the whole process undertaken by the Committee of Management with respect to the appointments on 'Group C' posts is vitiated as the same has no authority to undertake the selection process on 'Group C' posts. He further submitted that the petitioner during the selection process, had made a complaint that the typing test is not being undertaken fairly, but, that remained unheard.

5. Adding his arguments, he submitted that there are certain discrepancies started from the publication of the advertisement, by the Committee of Management, uptill the typing test is done and for this reason, the petitioner has also earlier made a complaint, but, the same has not been considered. He next submitted that infact the selection process undertaken by the Committee of Management is impermissible under the law and therefore, the whole selection process is unlawful and is liable to be quashed.

6. On the other hand, Mr. Mahendra Pratap Singh and Mr. Shyama Charan Dixit, learned counsels appearing for the respondent nos. 6 & 7 have opposed the contentions aforesaid and submitted that as an admitted position, in paragraph no. 4 of the writ petition, the institute namely, Jai Narain Misra, P.G. College (K.K.C.), Charbagh, Lucknow is a non government aided post graduate college, run and managed by the Committee of Management and is affiliated with the Lucknow University.

7. It is contended that it's also an admitted fact that in furtherance to the advertisement published by the Committee of Management, the petitioner applied for the post of Routine Clerk/Junior Assistant as is mentioned in paragraph no. 8 of the writ petition.

8. It is further submitted that the process of appointment is not governed with the Act, 2014, rather the provision is prescribed under the First Statutes of Lucknow University(hereinafter referred to as "Statutes") and Clause 24.01 and 25.06 of the Statues, provides the procedure with respect to the selection on Class-III posts in non government aided institutions. The aforesaid provisions reads as under :-

"24.01. Subject to the provisions of these Statutes the appointing to the posts of class three employee shall be made by the management of the co