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Petition challenging advt issued by MPPSC for posts dismissed

Hitavada 2018-12-07 11:03:51


Legal Correspondent

A DIVISION bench of Madhya Pradesh High Court comprising Chief Justice S K Seth and Justice Vijay Kumar Shukla has dismissed petition filed by Komal Singh Baghel challenging advertisement issued by the Madhya Pradesh Public Service Commission (MPPSC) inviting applications from eligible persons for appointment on posts of lecturers under Social Justice and Disability Welfare Department.

Perusal of advertisement shows that applications were invited for the post of lecturer for orthopaedically disabled, lecturer for hearing disabled and lecturer for visually disabled. Petitioner was a candidate for the post of lecturer visually disabled. After attending the selection process, he could not make it to the main list and his name was placed in waiting list. He has now turned around to assail the process of selection.

The question is whether having participated in the selection process, can he assail the recruitment process? Recently, this question came up for consideration before the division bench of the court in writ appeal (Madhya Pradesh Public Service Commission vs Dr Deepak Singh and others) and by the order dated on October 5, 2018, it has been held that once a candidate has participated in selection process knowing well conditions thereof and without any protest and is subsequently found to be unsuccessful, he is stopped to dispute such conditions.

Question of entertaining writ petition challenging such examination will not arise. In view of the aforesaid, we find that there is no merit and substance in present writ petition; same is, accordingly dismissed, division bench said.