Jogendra Das v. Indian Oil Corporation Limited

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1572 of 2019 In Civil Writ Jurisdiction Case No.7444 of 2011 ======================================================

1. Jogendra Das, aged about 46 years (male), S/o-Sri Ram Chandra Das, R/oVillage-Maida Babhangama, P.S.-Birpur, District-Begusrai.

2. Ambuj Kumar, S/o Sri Achuta Nand Singh, R/o Village-Bihat, P.S.-Barauni, District-Begusarai.

... ... Appellant/s

Versus

Indian Oil Corporation Limited & Ors.

... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Rajeev Kumar Singh, Advocate For the Respondent/s :

Mr.Ankit Katriar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI and HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER (Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI) 01-08-2022 In the instant appeal, appellants have questioned the validity of the learned Single Judge order dated 01.07.2019 passed in CWJC No. 7444 of 2011.

Short question for consideration in the present appeal is whether appellants have statutory right to seek appointment to the post of Junior Engineer Assistant-IV (Production) therein or not?

The appellants participated in the process of selection pursuant to the advertisement on 07.12.2009. The written examination was conducted on 08.08.2010. Due to certain administrative irregularities, the first written test conducted was

Patna High Court L.P.A No.1572 of 2019(2) dt.01-08-2022 2/2 cancelled and further fresh written test was conducted on 09.01.2011 in which appellants were unsuccessful. In the guise of these facts and circumstances, the appellants' grievance is to restore the result of first written test. The appellants have not questioned the validity of the conducting of second written test and they have also participated in the second written test conducted by the selecting authority and were unsuccessful. Apex Court in the case of Madan Lal and Ors. vs. State of J & K and Ors. reported in (1995) 3 SCC 486 held that after participation in the process of selection candidate is not permitted to question selection procedure.

In the light of these facts and circumstances, the appellants have not made out case. Accordingly, Letters Patent Appeal stands dismissed.

(P. B. Bajanthri, J) (Rajiv Roy, J) Vikash/- U