O.A No. 458 & 525 of 2008. Case: 1. E. Bhuvaneshwari; 2. P. Karunakar; 3. N. Arunalatha Vs 1. Union of India, Director General, Department of Posts, New Delhi; 2. Chief Postmaster General, Hyderabad; 3. Director of Postal Services; 4. Superintendent of Post Offices, Tirupathi Division, Tirupathi; 5. N. Arunalatha; 6. Postmaster General, Kurnool Region, Kurnool; 7. P. Hemakshi. Central Administrative Tribunal
| Case Number | O.A No. 458 & 525 of 2008 |
| Counsel | G. Rajani Devan, G. Jayaprakash Babu, M. Venkanna, Y. Ratna Prabha, M. Krishna Devan |
| Judges | P. Lakshmana Reddy (Vice Chairman) & R. Santhanam (Administrative Member) |
| Issue | Constitution of India, 1950 - Articles 14, 16, 21; Constitution (Scheduled Castes) Order, 1950; Constitution (Schedule Tribes) Order, 1950; Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976; Andhra Pradesh (SC, ST & BCs) Regulation of Issue of Community Certificates Act, 1993 |
| Judgement Date | February 09, 2009 |
| Court | Central Administrative Tribunal |
Judgment:
P. Lakshmana Reddy (Vice Chairman), (Hyderabad Bench)
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As the respective applicants in both these OAs are claiming appointment to the same post of Grameena Dak Sevak Branch Post Master (GDSBPM), Madibaka Branch Office, we consider it expedient to dispose of these two applications by a common order.
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The relevant facts which led to filing of these two applications are the following:
A GDSBPM of Madibaka Branch office in Tirupathi Division of Kurnool range became vacant on account of resignation of the incumbent by name, Shri M. Mani for the post on 11.5.2007. By then, there was a shortfall of the candidates belonging to the SC, ST and backward classes among the candidates holding the post of GDSBPM in the division when compared to the percentage of reservation allocated to those communities as per the reservation policy of the Government. Though 59 posts are to be filled up by candidates belonging to SC community, there were only 38 posts occupied by the SC community and thus there was a shortfall of 7.1% in respect of SC category. Similarly, there was a shortfall of 2 and odd percent in ST category and 4 and odd percent in the OBC category. As the shortfall was more in respect of SC community, the vacancy of EDBPM of Madibaka was decided to be filled up by SC category candidate. The Superintendent of Post Offices, Thirupati Division issued notification on 29.10.2007 inviting applications from the eligible candidates for selection to the post of GDSBPM of Madibaka stating that the vacancy is reserved for SC category but if there are no three effective applications from the SC category, it will be offered to ST category and if there are no three effective applications from both SC and ST categories, it will be offered to OBC category and if there are still no three effective applications from the SC, ST and OBC categories, it will be offered to OCs. In the said notification, the educational qualifications and other eligibility conditions are mentioned. It is further mentioned therein that the applications should be sent in sealed covers by registered post/ speed post by mentioning on the top of the cover 'APPLICATION FOR THE POST OF BRANCH POSTMASTER, MADIBAKA BO A/W PAPANAIDUPET S.O' and that those sealed covers will be opened on 5.12.2007 at 15.00 hours in the presence of the applicants and that all the applicants should attend at the office of Superintendent of Post Offices with their original certificates for verification, failing which the applications will be rejected. The said notification was published by way of tom tom in the village and also by way of affixing the notification in the notice boards of all the post offices in the Thirupati Division.
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In pursuance of the said notification, the Superintendent of Post Offices received applications from the following 10 candidates:
Sl.No Name of the candidates Community
1 R. Surekha Rani SC
2 P. Hemakshi OC
3 N. Arunalatha SC
4 E. Bhuvaneswari OC
5 P. Karunakar OC
6 P. Lakshmamma OC
7 D. Chandramohan SC
8 I. Haribabu SC
9 P. Munendra BC
10 E. Muniraja OC
Out of them, only the first 5 candidates attended for the interview on 5.12.2007 and the candidates shown against Sl. Nos. 6 to 10 supra remained absent. The sealed covers of only those who attended for the interview were opened on 5.12.2007 and found 2 SCs & 3 OCs. As the Superintendent of Post Offices was retiring shortly within a period of six months, the entire file relating to selection was sent to the Regional Office for completing the selection process. After the new incumbent, Shri T.R. Prabhakara Rao joined as Superintendent of Post Offices at Tirupati, the Regional Office, Kurnool returned the entire file with the direction to finalize the selection according to the GDS Rules in force. Thereafter the new incumbent opened the remaining sealed covers in order to know whether there are three effective applications from the SC community as the post is reserved for reserved category and found four applications from SC community and on that basis, selection process started. Out of 5 candidates attended for interview on 5.12.2007, R. Surekha Rani belonging to SC community obtained higher marks of 326 other than Hindi in SSC but as she failed to produce the original SSC marks, she was not considered. The other SC candidate is N. Arunalatha, the applicant in OA 525/ 2008 who got 278 marks other than Hindi but she passed SSC compartmentally. As she is the only remaining SC candidate among the five attended for interview, after excluding R. Surekha Rani who failed to produce the SSC marks, the Superintendent of Post Offices provisionally selected N. Arunalatha for the post of BPM, Madibaka and directed N. Arunalatha to secure accommodation at the village, Madibaka vide office letter dated 4.6.2008. Accordingly, on 9.6.2008, N. Arunalatha secured accommodation and intimated the same to the Superintendent of Post Offices by her letter dated 9.6.2008. Along with the letter she enclosed the concerned letter of the owner of the house from which N. Arunalatha took the house on rent for locating the branch office.
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While so, P. Hemakshi who belong to OC and secured 268 marks in SSC in his first attempt itself filed OA 338/ 2008 on 10.6.2008 contending that as there were only two SC candidates appeared for the interview, the reserved post shall be thrown open for OC candidates and that if it is thrown open to OC category, he will be the next candidate who is meritorious among the candidates who appeared for interview on 5.12.2007. According to him, though he secured less marks than N. Arunalatha, as he passed in the first attempt whereas Arunalatha passed compartmentally, he is to be treated as meritorious as per the conditions of notification than Arunalatha and further, Arunalatha has not produced the caste certificate in the prescribed form and therefore, she has to be treated as OC candidate and hence Arunalatha cannot be appointed as GDSBPM. He got the interim orders of stay from this Tribunal on the same day, i.e. 10.6.2008. On account of the said interim orders dated 10.6.2008 appointment orders could not be given to N. Arunalatha. While the matter was coming up for filing reply, the Post Master General, Kurnool passed orders dated 24.7.2008 reviewing the selection orders passed by the Superintendent of Post Offices, Tirupati exercising his powers under Rule 4 (3) of GDS (Conduct & Employment) Rules, 2001. In the said orders, it is stated that Arunalatha, SC candidate provisionally selected by the Superintendent of Post Offices, Tirupati did not enclose the caste certificate in the prescribed proforma though in the notification dated 29.10.2007 it was categorically specified that if the caste certificate is not in the prescribed proforma, the candidate will be treated as OC. It is further stated therein that though in the notification it is specified that the caste certificate should be issued by Tehsildar, Arunalatha, the selected candidate, submitted a caste certificate issued in 2002 by MRO which is not in the prescribed proforma and therefore N. Arunalatha should be treated as OC as per the conditions mentioned in the notification wherein it is stated that if the caste certificate is not in the prescribed proforma, the department is left with no choice other than treating such candidate as OC. It is further stated therein that Arunalatha is treated as OC and therefore, it is concluded that no eligible candidate has appeared for the selection from the categories of SC, ST and OBC and that the vacancy has to be treated as OC and if it is treated as such, P. Hemakashi who passed SSC at the first attempt is meritorious than Arunalatha who passed compartmentally and as such selection of N. Arunalatha, R-5 in OA 458/ 2008 is not in accordance with the conditions mentioned in the notification. The...
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