IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE ACTING CHIEF JUSTICE MR.J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 6TH FEBRUARY 2009 / 17TH MAGHA 1930 WA.No. 633 of 2008() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.9939/2007 Dated 29/01/2008 .................... APPELLANT: -------------- V.PREMAVALLY W/O. BALAKRISHNAN NAIR, AGED 54 YEARS, RESIDING AT "SNEHA", OPPPOLICE STATION, P.O..VYTHIRI, WAYANAD DISTRICT, PIN-673576. BY ADV. MR.P.K.RAMKUMAR MS.ANITHA RAMKUMAR RESPONDENTS: --------------- 1. THE DISTRICT COLLECTOR, WAYANAD. P.O..CIVIL STATION, KALPETTA, WAYANAD DISTRICT. 2. THE DISTRICT TREASURY OFFICER, WAYANAD, P.O.KALPETTA, WAYANAD DISTRICT. 3. THE DISTRICT REGISTRAR WAYANAD, P.O., KALPETTA, WAYANAD DISTRICT. BY GOVT. PLEADER MS.K.MEERA ADV. MR.J.DEVADANAM FOR R4 MR.VINOD J.DEV FOR R4 MR.PRAMOD J.DEV FOR R4 THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 06/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY, Ag.CJ & P.BHAVADASAN, J. =========================== W.A.No.633 of 2008 =============================== Dated this the 6th day of February, 2009. J U D G M E N T Koshy, Ag.CJ. Appellant/petitioner was one of the candidate for appointment of stamp vendor. It is stated that her father was a stamp vendor. When he died, she was acting on temporary basis as a stamp vendor. But Ext.P1 rules were framed. It is the contention of the appellant/petitioner that written test has to be conducted by a committee. It is the contention of the petitioner that in this case a written test was conducted by the District Collector and not by the committee and the selection itself is illegal. Learned Single Judge found that committee consists of District Collector, District Registrar(General) and the District Treasury Officer. The District Collector has conducted the written test with due notice to other two members of the committee. It is also noticed that appellant has not objected to the selection process. Appellant also participated in the selection process but she was the last rank holder. After considering the decision of W.A.No.633 of 2008 2 Madan Lal v. State of J & K (1995 (3) SCC 486) and Marripati Nagaraja v. Government of Andhra Pradesh (2007 (11) SCR 506), recently, the Honourable Supreme Court reinstated the decision in Dhananjay Malik v. State of Uttaranchal (2008 (2) KLT 969 SC) held that having unsuccessfully participated in the process of selection without any demur, candidates are estopped from challenging the selection. The entire issues raised by the appellant are considered by the learned Single Judge and we see no ground to interfere in the impugned judgment. Accordingly, we dismiss the writ appeal. J.B.KOSHY, ACTING CHIEF JUSTICE. P.BHAVADASAN, JUDGE. bkn/-