TaxTMI 
TaxTMI 
2025 (6) TMI 2165
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....sha for recruitment to the Post of Lecturers (DP post) for the Non-Government Aided Colleges in different subjects, the appellant initially attempted to offer her candidature, but because of the age restrictions, such application could not be uploaded in the official website. The appellant approached this Court by filing the writ petition being WP(C) No.14049 of 2021 for a direction upon the authorities to allow the appellant to file the online application for the Post of Lecturer (DP post) in Sanskrit subject and also to participate in the recruitment process. It would be apposite to quote the reliefs claimed in the said writ petition in extenso:- "In view of the facts stated and submissions made above, the Petitioner most humbly ....
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.... in uploading her application in response to the advertisement issued by the Department for recruitment in the post of Lecturers. Subsequently, the online application was accepted by the system and it is undisputed that the appellant was permitted to undergo the tiers of the recruitment process and the name was also included in the provisional list published by the authority. However, the appellant was kept out of the zone of the appointment as she was not included in the final list. The writ petition came to be filed before this Court and the final order dated 14.11.2024 passed therein is assailed in the instant appeal. 5. Learned counsel for the appellant vociferously submits that the Single Bench ought not to have dismissed the writ p....
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....s also estopped from contending that cause of action accrued to the appellant at the time of the first writ petition filed before this Court and the second writ petition are different. As per the learned Additional Government Advocate for the State, the moment a categorical finding is returned by the writ Court that the appellant has crossed the outer age limit, such decision having not assailed before the higher forum attained finality and remained binding on the appellant. 7. On the conspectus of the aforesaid facts and submissions so made, let us examine, whether the order impugned in the instant appeal suffers by the vices of the illegality and/or infirmity and the findings made by the Single Bench are liable to be interfered with on....
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.... while dismissing the writ petition, the Single Bench made a categorical finding that in the event an outer age limit is provided, the appellant having admittedly crossed the said outer limit, is not entitled to any relief claimed in the said writ petition. The moment the Court observed that the appellant is not entitled to offer the candidature having crossed the upper age limit, she cannot take a rebound nor can take advantage of the mistake committed by the authority in permitting the appellant to upload the said application. The mistake does not confer inchoate or indefeasible right into a person and once the authorities rectified the said mistake, such action cannot be impinged, merely because at one point of time the authorities permi....
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....t petition. 11. Our attention is also drawn to several clauses of the advertisement which conveyed the laudable message that mere participation or inclusion in the provisional list cannot be construed to have conferred any right of appointment and even at the time of appointment, if the authority finds that the candidate is not otherwise eligible, his candidature can be rejected. The terms and conditions embodied in the said advertisement is not subject matter of challenge in either of the litigation. The action of the authorities cannot be said to be in flagrant violation of the aforesaid terms and conditions. 12. Lastly, the plea was taken that the Rules framed by the State Governments permits the relaxation of the age in the event ....