IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.1210 of 2009 Sunil Kumar Singh & Ors . Versus The State Of Bihar & Ors . ----------- 3/ 30/06/2011 Heard learned counsel for the petitioners and the State. The petitioners question the order dated 13.10.2008 rejecting their representation to be considered for appointment on the post of Lecturer in the discipline of Civil Engineering. The petitioners came to this Court earlier in C.W.J.C. No.1462/08. It was represented by them that they did not desire to have their application heard on merits, but only desired an observation for quick disposal of representation. The order reveals that they participated in the selection process and have been unsuccessful. After they have been denied appointment they seek to question the process and criteria of selection. The law stands well settled that the petitioners cannot be permitted to approbate or reprobate. Once they participated in the process and were unsuccessful in competition, they cannot turn around and question the criteria for selection. In this context it has been held in the case of (Trivedi Himanshu Ghanshyambhai v. Ahmedabad Municipal 2 Corpn.), (2007) 8 SCC 644, at paragraph-6 as follows:- “6. As noted hereinearlier, Respondents 2 and 3 who had filed the writ petition before the High Court, challenging the appointment of the appellant were themselves unsuccessful in the examination, even though they claimed that they had passed the written examination but failed in the interview. Since the names of Respondents 2 and 3, who were the writ petitioners before the High Court, did not figure in the merit list, in our view, it was not open to them to challenge the said selection list and the appointment of the appellant before the High Court.” The application is dismissed. KC ( Navin Sinha, J.)