Dismissed

Neha Yadav W/O Vipin Yadav v. State of Rajasthan

Rajasthan HC9 Mar 2023CW/4205/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging the selection process and final result for the post of Assistant Fire Officer. The court held that the petitioner, having participated without demur in the physical examination, was estopped from challenging the selection process or outcome, citing precedents stating that an aspirant cannot question the process after taking part in it.

What the court decided

AI extract

Neha Yadav W/O Vipin Yadav Vs State of… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023/RJJP/003905]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 4205/2023

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Neha Yadav W/o Vipin Yadav, Aged About 34 Years, R/o 629 Devi Nagar, New Sanganer Road, Sodala, Jaipur.

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----Petitioner

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Versus

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State Of Rajasthan, Through Additional Chief Secretary, Local Self Government, Govt. Secretariat, Jaipur (Raj.)

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The Director, Local Self Government, Swayatt Shasan Bhawan, Near Civil Lines Phatak, Jaipur

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Rajasthan Staff Selection Board, Jaipur Through Secretary Having Its Office At Rajasthan Agriculture Management Institute Premises, Durgapura, Jaipur-302018

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----Respondents

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For Petitioner(s) : None Present For Respondent(s) :

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HON'BLE MR. JUSTICE SUDESH BANSAL

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Order

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09/03/2023 .

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Petitioner, by way of instant writ petition, has challenged the selection process and final result dated 18-1-2023 for the post of Assistant Fire Officer pursuant to advertisement dated 10.8.2021 with the prayer to quash the same and to appoint her on the post of Assistant Fire Officer.

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Petitioner has pleaded in writ petition that on being successful in the written examination, she was called for physical examination and at this juncture respondents have committed illegality. Initially respondents have changed dates for the physical examination, then a decision was taken for the physical examination at division level due to which the method and selection process could not be similar at different divisions. Similarly at Kota, physical examination has been done without verifying documents and candidates of Kota have been examined physically in Kota itself. Alleging such factual irregularities, petitioner

[2023/RJJP/003905]

[CW-4205/2023]

(2 of 2)

has stated that the selection process is not fair & proper and as such the same be quashed, so also the final result.

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Having perused the material available on record, I am of the considered view that the petitioner is not entitled to challenge the selection process after participation without any demur in the same. Having passed written examination, if the petitioner could not qualify the physical examination, she has no right to challenge the selection process at a later stage that is the physical examination in which she had consciously took part. The petitioner has miserably failed to point out any malafide, bias or arbitrariness against her by respondents. In such a situation, she is estopped from challenging the selection process on failure to secure appointment.

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In case of Madras Institute of Development Studies Vs. K. Sivasubramaniyan [(2016) 1 SCC 454] , the Apex Court has held that when an aspirant takes part in selection process without any demur, he cannot question it later. Similarly, in case of Ashok Kumar V State of Bihar [(2017) 4 SCC 357] , the Apex Court has held that once a person who consciously takes part in the process of selection cannot, thereafter, turn around and question the method of selection and its outcome.

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In view of above, there is no force in the writ petition and same is hereby dismissed.

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Stay application and other pending application(s), if any, stand disposed of.

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(SUDESH BANSAL),J

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TN /9

Neha Yadav W/O Vipin Yadav v. State of Rajasthan

Case brief

What is this about?

What the court decided

Neha Yadav W/O Vipin Yadav v. State of Rajasthan

Case brief

What is this about?

What the court decided

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