Decided on May 05,2010

Mrs. Karma Dolma Bhutia And Others Appellant
State Of Sikkim And Others Respondents


Barin Ghosh, C.J. - (1.) In this writ petition, the petitioners, 43 in number, are seeking cancellation of the process of selection and appointment of respondents No. 3 to 22. The principal ground upon which the petitioners seek to rely is violation of reservation policy, which had and has no connection with the selection process.
(2.) The admitted facts of the case are, in the advertisement, 20 vacancies in the posts of Staff Nurse were advertised, of them 5 posts were unreserved, 1 post was reserved for women, 4 posts were reserved for Scheduled Tribes, 2 posts were reserved for Scheduled Tribes (W), 3 posts were reserved for Most Backward Classes, 1 post was reserved for Most Backward Classes (W), 2 posts were reserved for Other Backward Classes, 1 post was reserved for Other Backward Classes (W) and 1 post was re-served for Scheduled Castes. It was not contended that while appointments were made, reservations as per advertisement were not adhered to. It was contended that the reserved posts, as were advertised, were not available under the existing reservation policy. In view of the counter affidavit filed by the State-respondents it was also contended that according to the existing reservation policy, the advertised reserved posts would be different. It was also contended that the vacancies advertised were of Staff Nurses, to which question of making any reservation for women did not arise, inasmuch as nurses are all women. The fact re- mains that each of the writ petitioners responded to the advertisement, they appeared in the written examination, in which petitioners No. 1 to 5, 13, 29, 33, 36 and 39 could not succeed, but the rest 33 petitioners succeeded. The petitioners, who were successful in the written examination, appeared in viva-voce test, whereupon they were not selected.
(3.) The Said State of affairs would clearly demonstrate that the petitioners, in fact, are seeking to challenge the advertisement notifying the vacancies. The petitioners having responded to the advertisement, cannot turn around and challenge the advertisement on being unsuccessful in the selection process. It having not been contended that the reservations, as were advertised, had not been adhered to, there is really nothing further to be done in the writ petition.;

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