JUDGMENT : S. Panda, J. - The challenge in this writ application is to the selection made by opposite parties 1 to 3 for the post of "Guru Dance" at Guru Kelucharan Mohapatra Odissi Research Centre, Bhubaneswar and the office order (Annexure-3) dated 31.5.2007 issued by opposite party No. 3 appointing opposite party No. 3 in the said post for a period of three years from the date of joining. 2. Brief facts of the case are as follows: Odissi Research Centre, a Society registered under the Societies Registration Act, 1860, was constituted vide resolution dated 8.5.1986 of the Government of Orissa, Department of Tourism, Sports and Culture (Sports and Culture). Said resolution provides that the State Government shall have the power to issue directives regarding management of the Centre and the Centre shall carry out such directives. The State Government shall control the budget of the Society and provide substantial grant for the management of the Society. Government shall also appoint the Chief Executive of the Centre. While the matter stood thus, the Petitioner was appointed as "Dance Guru" temporarily in Odissi Research Centre on a consolidated pay of Rs. 1,500 /- per month. Said appointment was purely on temporary basis subject to termination at any time without notice and without assigning any reasons thereof. Such appointment letter was issued to the Petitioner on 6.9.1989. Thereafter, the Petitioner was, selected and appointed as "Dance Master" on a consolidated pay of Rs. 2,200/in the Dance and Music School at Berhampur and the said appointment was also purely on temporary basis subject to termination at any time without prior notice and it should not be treated as a claim for future appointment. Pursuant to the direction to join in the Odissi Research Centre prior to his proceeding to Berhampur which would be intimated in due course, the Petitioner is continuing as Dance Master in the Odissi Research Centre. 3. It was submitted by the learned Counsel for the Petitioner that the post of Dance Master is a non-ministerial service cadre. Odissi Research Centre was subsequently known as "Guru Kelucharan Mohapatra Odissi Research Centre" (in short, "GKMOR Centre") and a post of "Guru Dance" in the monthly consolidated pay of Rs. 3. It was submitted by the learned Counsel for the Petitioner that the post of Dance Master is a non-ministerial service cadre. Odissi Research Centre was subsequently known as "Guru Kelucharan Mohapatra Odissi Research Centre" (in short, "GKMOR Centre") and a post of "Guru Dance" in the monthly consolidated pay of Rs. 15,000/ was created and the said post was to be filled up by selection procedure in terms of Rule 7 of the Odissi Research Centre Service (Method of Recruitment and Conditions of Service of the Employees) Rules, 1998 of the Odissi Research Centre, Bhubaneswar (hereinafter referred to as "Service Rules") and a Search Committee was constituted for selection of "Guru Dance". It consisted of (1) Shri Gopinath Mohanty, Commissioner -cum- Secretary as the Chairman, (2) Shri Gangadhar Pradhan, President, Odissi Sangeet Natak Academy, Member, (3) Padmashree Dr. Priyambada Hejmadi, Member, (4) Dr. Bidyut Kumari Choudhury, Principal, Utkala Sangeet Mahavidyalaya, Bhubaneswar, Member, and (5) Shri Ramhari Das, Chief Executive, Odissi Research Centre, Bhubaneswar,Governor. It was further submitted that Rule 5 of the Service Rules postulates that the Selection Committee for the purpose of selection of candidates for recruitment to the service and posts shall consist of the members, namely, (1) Chief Executive, Odissi Research Centre, (2) Guru Odissi Dance, Member, (3) Guru Odissi Music, and (4) Coordinator, Member Secretary. Said rule further provides that the Committee may co-opt any expert in any of its meetings as may be considered necessary and the Chairman of the Selection Committee shall be competent to determine the time and place of the meeting. Therefore, it was submitted by the learned Counsel for the Petitioner that the constitution of the Selection Committee as stated above is in contravention of Rule 5 of the Service Rules and there is no mention as to why the aforesaid committee assumed power for selection of "Guru Dance" which is a cadre post as per the Service Rules. It is also submitted by him that the Search Committee proceeding does not whisper the name of the expert member as the Search Committee was constituted in violation of the Rules. He further submitted that the recommendation of the Search Committee is illegal vis-a.-vis the appointment order issued on the recommendation of the Search Committee is void ab initio. It is also submitted by him that the Search Committee proceeding does not whisper the name of the expert member as the Search Committee was constituted in violation of the Rules. He further submitted that the recommendation of the Search Committee is illegal vis-a.-vis the appointment order issued on the recommendation of the Search Committee is void ab initio. It was further submitted that the proceedings of the Search Committee held on 28.5.2007 reveal that it recommended on merit basis the names of Guru Shri Durga Charan Ranbir, Guru Kanduri Charan Behera (the Petitioner) and Smt. Sikata Das. The Petitioner was the member of the Odissi Research Centre while the other two persons were the outsiders. The post of Dance Assistant/ Teacher/Master relates to cadre post being non-ministerial is required to be filled up under Rule 6(ix) of service rule of the centre which envisages that the post of Dance Assistant/Teacher/Master shall be filled up by direct recruitment or contractual appointment or deputation or selection (on the basis of merit and suitability from among artists having (i) excellent ability and experience in stage performance, (ii) Master's Degree in performing arts like Dance/ Music/Instrumental Music, and (iii) must have successfully completed the Intensive in-house training conducted by the Centre, but the authorities without any advertisement as provided in Rule 8 of the Service Rules filled up the post of "Guru Dance" by selection and in the selection process, they have also not followed Rule 7 which provides that in case of recruitment by selection, the committee shall assess the suitability of the eligible employees in the overall basis of (a) the views expressed by the Member and (b) service records and the confidential character rolls and the principle of merit and suitability in all respect shall be the sole criterion for selection. However, the Search Committee verified the service record and character rolls of the two outsiders, i.e. Guru Shri Durga Charan Ranbir and Smt. Sikata Das. Learned Counsel for the Petitioner disputed as to how the Search Committee expressed its views in respect of the ability and experience in stage performance of the two outsiders who were not the employees of the Research Centre. Learned Counsel for the Petitioner disputed as to how the Search Committee expressed its views in respect of the ability and experience in stage performance of the two outsiders who were not the employees of the Research Centre. Therefore, it was submitted, the recommendation made by the Search Committee is invalid and a clear nonapplication of mind and the impugned order dated 31.5.2007 issued by opposite party No. 3 appointing opposite party No. 3 in the post of "Guru Dance" is liable to be quashed. The learned Counsel for the Petitioner also raised a question regarding the authority of constitution of the Search Committee for selection for the post of "Guru Dance". 4. Opposite parties 2, 3 and 4 filed independent counter-affidavit. They have specifically stated therein that the post in question is a temporary post and it is not a cadre post, as admitted by the Petitioner. Therefore, the Petitioner cannot raise the question regarding constitution of the Search Committee and the selection process as without following the Service Rules. 5. In reply to the counter-affidavit,' the Petitioner filed a rejoinder affidavit stating therein that the Governing Body of Odissi Research Centre created a post for the centre and determined the terms and conditions of the post. The Government of Orissa, Department of Tourism and Culture (Culture) vide notification No. GKMORC.1/07-2121/TC dated 19.5.2007 constituted a committee for selection of Dance Choreographer in Guru Kelucharan Mohapatra Odissi Research Centre known as a Search Committee under the Chairmanship of Commissioner-cum-Secretary (Culture) for selection of Dance Choreographer in Guru Kelucharan Mohapatra Odissi Research Centre with the following eminent members: Non-official Members i) Padmashree Dr. Priyambada Hezmadi ii) Padmashree Smt. Kumkum Mohanty Official Members i) Dr. Bidyut Kumari Choudhury ii) The Chief Executive, GKMORC will be the convenor of the committee. It was further stated that as per the counters since the post of "Guru Dance" is not a cadre post, it is an ex-cadre post. Therefore, the selection for appointment to the said post should have been made as per Rule 5 of the Service Rules and not otherwise. Since the committee constituted by opposite party No. 1 violated Rule 5 of the Service Rules, the selection process is illegal. Therefore, the selection for appointment to the said post should have been made as per Rule 5 of the Service Rules and not otherwise. Since the committee constituted by opposite party No. 1 violated Rule 5 of the Service Rules, the selection process is illegal. Further, the Petitioner reiterated the averments made in the writ application and stated that initially the committee was constituted consisting of four members as stated above and out of them, when Padmashree Smt. Kumkum Mohanty was absent in the Search Committee, how another person became the member of the Search Committee selected opposite party No. 4. Therefore, the constitution of the Search Committee, as reveals from Annexure-D/3 filed by opposite party No. 3, is illegal and the selection made by the said committee recommending the name of opposite party No. 4 is liable to be quashed. 6. From the above submissions of the parties, the admitted facts which emerge are that the post for which selection has been made is a temporary non-cadre post and the selection has been made for a period of three years only. The Petitioner appeared before the Search Committee and offered himself as a candidate for the said post. The question then crops up whether the Petitioner after appearing before the interview committee can challenge the said selection process now in this writ application. 7. In the case of Madan Lal and Others Vs. State of Jammu and Kashmir and Others the apex Court observed as follows: It is now well settled that if a candidate takes a calculated chance and appears at the interview then, only because the result of the interview is not palatable to him, he cannot turn round and subsequently contend that the process of interview was unfair or the Selection Committee was not properly constituted. In the case of Om Prakash Shukla Vs. Akhilesh Kumar Shukla and Others it has been clearly laid down by a Bench of three learned Judges of this Court that when the Petitioner appeared at the examination without protest and when he found that he would not succeed in examination he filed a petition challenging the said examination, the High Court should not have granted any relief to such a Petitioner. and held that the result of the interview test on merits cannot be successfully challenged by a candidate who takes a chance to get selected at the said interview and who ultimately finds himself to be unsuccessful. (Also see, K.H. Siraj Vs. High Court of Kerala and Others, ). 8. In view of the aforesaid decisions of the apex Court, the Petitioner having appeared before the Search Committee which made the selection and taken a chance by offering himself as a candidate for the post in question, he cannot now contend that the process of the selection was unfair or the constitution of the Search Committee was improper for non-compliance of Rules 5, 6, 7 and 8 of the Service Rules. 9. In the result, we find no merit in this writ application and the same is accordingly dismissed. No costs. P.K. Tripathy, J. 10. I agree. Final Result : Dismissed