(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr.Gaurav Mehta, learned counsel appearing for the appellant, Mr.D.G.Chauhan, learned counsel appearing for respondent nos.1 and 2 and Mr.Rakesh Patel, learned Assistant Government Pleader appearing for respondent no.3.
2. This Letters Patent Appeal has been filed challenging the order dated 28.10.2009 passed by the learned Single Judge in Special Civil Application No.2570 of 2009. The appellant applied in pursuance of the advertisement for selection for the post of Assistant Stenographer grade-III. The appellant could not succeed and therefore, he filed writ petition on the ground that the respondent no.4 did not possess qualification of stenographer.
3. The learned counsel for respondent nos.2 and 3 has pointed out that in the advertise itself, in condition no.11, it was provided that those employees who are working on daily wages in the University are required to clear stenography examination within a period of three years. The appellant did not challenge the advertisement prior to his appearing in the examination. He took his chance and after being unsuccessful, he has challenged the advertisement as well as appointment of the respondent no.4. This is not permissible as held by the learned Single Judge and we agree with the view taken by the learned Single Judge that unsuccessful candidate who has taken his chance to appear in the examination, subsequently cannot challenge selection procedure.
4. For the aforesaid reasons, we do not find any merits in this Letters Patent Appeal and it is accordingly dismissed.
(V.M.SAHAI,J) (G.B.SHAH,J) ***vcdarji