Candidates who participate in a selection process are estopped from challenging the same unless they can prove that the process was vitiated by arbitrariness or illegality.

JUDGMENT :

M.V. MURALIDARAN, J.

1. The petitioners have filed the writ petition seeking to quash the entire recruitment process in connection with the recruitment of 116 Staff Nurses of the Regional Institute of Medical Sciences (RIMS), Imphal, pursuant to the Advertisement dated 08.9.2015, including the impugned notice dated 06.1.2016 and the subsequent notice dated 07.1.2016, and consequently, direct the official respondents to hold fresh recruitment for appointment of 116 Staff Nurses of RIMS within a stipulated time.

2. Briefly stated, the case of the petitioners is as follows:

The petitioners are aspirant job seekers, who are all eligible for appointment to the post of Staff Nurse. The petitioners applied for the post of Staff Nurse, RIMS, Imphal, pursuant to the Advertisement dated 08.9.2015 notified by the first respondent. The written test was held on 12.12.2015 and result of the written test was declared on 13.12.2015. Since there were allegations of leakage of questions, an enquiry was held and after enquiry was over, viva voce was held from 15.12.2015 to 18.12.2015 and the result was declared on 06.1.2016 and 07.1.2016 respectively. The petitioners did not succeed in the said recruitment. When the final result was declared, the petitioners found that number of near and dear ones of the Interview Board Members/RIMS staff/officials were selected.

3. According to the petitioners, the time allotted in the viva voce for each candidate was only 5 minutes and that the ratio of the candidates was more than 1:3, which is not permissible. Further, the marks allotted for written test was 300 and that viva voce was also 300 marks. According to the petitioners, there had been no transparency in awarding marks in the viva voce and the viva voce marks could not be same as that of the written test. Hence, the entire recruitment process suffers from gross irregularity and is liable to be set aside. The petitioners also prayed for holding of fresh recruitment process as per law.

4. Denying the averments set out in the writ petition, the First respondent filed affidavit-in-opposition contending that in response to the Advertisement, 6151 applications were received and out of 6151 candidates, 4395 aspirants appeared in the written test conducted on 12.12.2015 and result was declared on 13.12.2015. After scrutiny, as per the decision of the Examination Committee, 369 candidates were declared eligible for viva voce held from 15.12.2015 to 18.12.2015 and the strength of the eligible candidates considered was thrice the vacant posts. It is stated that the interview of the shortlisted candidates continued with the protection from the State Police. The result of 116 successful candidates, as recommended by the Selection Committee, was declared on 6.1.2016 and the Institute simply notified the list of all 116 candidates for information of all concerned and that it never mentioned about the offer of form for appointment.

5. It is further stated in the affidavit-in-opposition that keeping in mind the proceedings of the Selection Committee meeting held between 15.12.2015 and 18.12.2015 and in compliance with the interim order granted in W.P. (C) No. 946 of 2015, 22 recommended candidates were not given appointment till a clearance/liberty obtained from the High Court of Manipur in the aforesaid related writ petition. On 07.1.2016, the Institute issued another notice in continuation of the notice dated 06.1.2016 that all recommended candidates except 22 posts to collect the offer of form for appointment to the post of Staff Nurse, RIMS, Imphal. Hence, there is no question of second result of 94 successful candidates being declared by RIMS on 07.1.2016.

6. According to the first respondent, the allegation of selection of near and dear ones or relatives of employees working in RIMS has no relevance to the issue and there are no such Rules that relatives of employees of the Institute cannot be selected if such candidates perform well in the selection proces