A candidate who participates in a selection process without protest is estopped from challenging the recruitment advertisement or procedure after realizing they were not selected. Voluntary participation with knowledge of the terms precludes a later claim against the validity of the process upon receiving an unfavorable outcome.

JUDGMENT :

Sujit Narayan Prasad, J.

1. The present writ petition under Article 226 of the Constitution of India has been filed seeking following relief(s):

“That the petitioner prays for issuance of an appropriate writ / writs, order/orders, direction/directions, quashing the proceeding of Selection Committee dated 17.03.2016 headed by the Deputy Commissioner, Godda, in which all the official respondent put their signature on 17.03.2016, but the Chairman of the Selection Committee i.e. respondent no.3 approved and put his signature on 26.03.2016, in which the name of the petitioner showed in waiting list at serial no. 2 and one Sony Kumari (private respondent no.8) placed at serial no.1 in the proceeding (Annexure-11), and in the selection list, one Vinit Kumar Agarwal (private respondent no.7) has been selected for the post of Accountant.

And

Petitioner further prays for issuance of an appropriate writ / writs, order / orders, direction / directions to consider the case of the petitioner for being absorbed as Accountant (Full time) at District Tuberculosis Centre, Godda, in accordance with the guidelines of Ministry of Health Health and Family welfare Directorate General of Health services (Central TB Division) vide notification no. 228015/113/2013-TB, dated 17.02.2014; notification no. 28015 / 121 / 2012-TB, Directorate General of Health Services, dated 29.07.2013 and Ref. No. 217, dated 29.08.2013 of Jharkhand Rural Health Mission Society TB Control Programme, State TB Cell, Ranchi and memo no. 265 dated 27.11.2013 of Jharkhand Rural Health Mission Society TB Control Programme, State TB Cell, Ranchi, in which it has been clearly stated "All new recruits will commence at above basic rate of remuneration. All the existing staff will continue to get all the existing increments in addition to revised basic salary. All contracts will be for one year contracts will be renewed by the Society based on satisfactory performance".

Factual Matrix:

2. The facts of the case are that the petitioner has been appointed in pursuance of the advertisement issued in the year 2004 as Part Time Accountant on contract basis at District Tuberculosis Centre, Deoghar in which he has been selected after following the due procedure of selection. The appointment of the petitioner was renewed every year. The respondent concerned has come out with a fresh advertisement on 17.8.2015 inviting application for various posts including post of Accountant in the Tuberculosis Centre, Godda. In the said process the petitioner along with other candidates have participated including respondent nos. 7 and 8. The selecting agency has formulated a merit list on the basis of the interse merit of one or other candidates. The petitioner has been ranked at serial no.3 in the merit list while the respondent nos. 7 and 8 were in the serial nos. 1 and 2 respectively. The petitioner being in serial no. 3 in the merit list has not been selected. The respondent no.7 who was in serial no.1 has tendered his resignation after getting better opportunity. Therefore, the respondent no.8, ranked at serial no.2, has finally been selected and appointed. Therefore, the writ petitioner has approached this Court by filing writ petition questioning his non-appointment.

3. This Court has issued notice to the respondent nos. 7 and 8 with a direction upon the State to file counter affidavit which has also been filed on behalf of the State as well as respondent nos.7 and 8.

4. The respondent no. 7 has taken the ground that