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2016 (10) TMI 1177 - SC - Indian LawsChallenging the process of promotion - promotion from Class IV posts to Class III posts in the District Court of Muzaffarpur - Bihar Civil Court Staff (Class III and Class IV) (Amendment) Rules, 1998, Rule 6. Held that: - In Chandra Prakash Tiwari v. Shakuntala Shukla [2002 (5) TMI 845 - SUPREME COURT], this Court laid down the principle that when a candidate appears at an examination without objection and is subsequently found to be not successful, a challenge to the process is precluded. The question of entertaining a petition challenging an examination would not arise where a candidate has appeared and participated, He or she cannot subsequently turn around and contend that the process was unfair or that there was a lacuna therein, merely because the result is not palatable. In the present case, regard must be had to the fact that the Appellants were clearly on notice, when the fresh selection process took place that written examination would carry ninety marks and the interview, ten marks. The Appellants participated in the selection process. Moreover, two other considerations weigh in balance. The High Court noted in the impugned judgment that the interpretation of Rule 6 was not free from vagueness. There was in other words no glaring or patent illegality in the process adopted by the High Court. There was an element of vagueness about whether Rule 6 which dealt with promotion merely incorporated the requirement of an examination provided in Rule 5 for direct recruitment to Class III posts or whether the marks and qualifying marks were also incorporated. Moreover, no prejudice was established to have been caused to the Appellants by the 90:10 allocation. The Division Bench cannot held to be in error in coming to the conclusion that it was not open to the Appellants after participating in the selection process to question the result, once they were declared to be unsuccessful - appeal disposed off.
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