This court dismissed a writ petition challenging recruitment rules for Headmaster posts, holding the petition is not maintainable as the petitioner participated in the selection process with full knowledge of the rules and failed the test.
The writ petition challenging Clause 7(ii) of the Recruitment Rules is dismissed as not maintainable.
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WP(C) NO.833/2017
BEFORE
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI HON’BLE MR. JUSTICE S. TALAPATRA
Present: For the petitioner : Mr. Arijit Bhowmik, Advocate. For the respondents : Mr. T.D. Majumder, G.A., Mr. T. Debbarma, Advocate.
02.08.2017.
Heard Mr. Arijit Bhowmik, the learned counsel for the petitioner. Also heard Mr. T.D. Majumder, the learned Govt. Advocate appearing for the State-respondents and Mr. T. Debbarma, the learned counsel for the respondent No.3, TPSC.
In this writ petition, the petitioner is challenging the vires of Clause 7(ii) of the Recruitment Rules dated 31.10.2006 for the post of Headmaster/Headmistress, High School/Inspector of Schools.
On perusing the writ petition and the Rules under challenge and the conduct of the petitioner, we are of the view that this writ petition is not maintainable inasmuch as the petitioner having taken part in the selection proceeding conducted in accordance with the impugned rules with his eyes wide open, and having failed in the test, he cannot now turn around and challenge the Rule.
Under the circumstances, this writ petition is dismissed.
JUDGE CHIEF JUSTICE
Pulak
WP(C) NO.833/2017
Page 1 of 1
Arijit Bhowmik
State-respondents
TPSC
T. Vaiphei
S. Talapatra
As recorded by the court registry
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