“Voluntarily Participated In Selection Process”: J&K High Court Dismisses Plea Of Candidate Seeking Appointment Due To Lesser Applicants Than Advertised Posts

Dismissing an appeal by a candidate who sought a direct appointment to the post of despite fewer applicants than advertised posts the Jammu and Kashmir and Ladakh High Court has observed that since she gladly and voluntarily participated in the selection process, hence estopped from challenging the selection procedure. The Court pointed out that she had willingly participated in the entire selection process, including the written test, without raising any objections. when the writ petitioner/appellant has gladly and voluntarily participated in the selection process and appeared in the written test without any grouse and after having appeared in the written test, the appellant/writ petitioner is estopped under law to question the same, at this belated stage when the appellant/writ petitioner could not make the grade. Observing that Qurat's participation in the selection process estopped her from questioning its validity at a later stage, especially after failing the written test the Court concluded, “After her participation, her merit, eligibility and suitability was assessed and after having failed in the test, the appellant is challenging the criteria for the selection in question.