O.A No. 786/CH/2012. Case: Deepak Kumar Choudhary Vs Staff Selection Commission, Southern Region through its Regional Director and Director General of Meteorology, Indian Meteorological Department. Central Administrative Tribunal
| Case Number | O.A No. 786/CH/2012 |
| Counsel | For Appellant: Mr. V.K. Sharma, Advocate and For Respondents: Sh. D.R. Sharma, Counsel for respondent No. 1 and Sh. Ashwani Kumar Sharma, Counsel for respondent No. 2 |
| Judges | Sanjeev Kaushik, Member (J) and Rajwant Sandhu, Member (A) |
| Issue | Constitution of India - Article 309 |
| Judgement Date | May 07, 2014 |
| Court | Central Administrative Tribunal |
Order:
Sanjeev Kaushik, Member (J), (Chandigarh Bench)
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The present Original Application is directed against the impugned list (Annexure A-1) whereby the candidature of the applicant for recruitment to the post Scientific Assistant in IMD Examination 2011, has been cancelled/rejected, on the ground that he does not posses the requisite qualification.
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The question that arises for our consideration is as to whether this court can interfere with the policy decision taken by the respondents in a particular field of equivalence of a degree for a post, that has been advertised.
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Minimum bare facts, which are necessary for adjudication of the matter, as canvassed, by the applicant are that the applicant, possess the degree of Bachelor of Engineering in Electronics and Control Engineering' in First Class with distinction from Sathyabama University, Chennai, in month of April 2008. He also passed Graduate Aptitude Test in Engineering (for short GATE') Examination in the year 2011. The respondent-Staff Selection Commission (for short SSC') issued an advertisement in Employment News dated 01.10.2011, inviting applications for recruitment to the post of Scientific Assistant in Indian Meteorological Department Group B' Non-Gazetted, Non-Ministerial post, in Pay Band-2 (Rs. 9300-34800 + GP Rs. 4200/-). The selection process as per advertisement, comprised of written examination followed by Interview with essential educational qualifications as on 28.10.2011. The total vacancies were 465 (UR-230, OBC-128, SC-70, ST-37). Thereafter, the respondents issued a clarificatory note in continuation of earlier notification dated 01.10.2011 where the respondents had given clarification to the qualification notified to the post in question. The applicant applied online and he was allotted Roll No. for examination which was fixed for 18.12.2011. He appeared and resulted which was displayed by the respondent over the official website, in which his name was mentioned at S. No. 236, declaring him fit for interview. It is the case of the applicant, that he was issued a letter dated 23.02.2012, vide which he was informed that on the basis of result of written examination, he was found qualified and eligible to be called for an interview/personality test, on 15.03.2012. The applicant appeared before the interview committee and result of which was declared on 28.03.2012 and he was declared successful and included in the select list at S. No. 136. Respondent-SSC, forwarded the dossier of the selected candidates to the Director General of Meteorology, Indian Meteorological Department (IMD), for further action in the matter. It is by the impugned displayed list that the applicant came to know that his candidature has been rejected relevant selection, for not meeting the requirement of educational qualification in which the name of the applicant is mentioned at S. no. 14. Hence, the present O.A.
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Pursuant to notice, the respondents no. 1 & 2 resisted the claim of the applicant by filing separate written statement. Respondent no. 1. i.e. SSC has taken a preliminary objection with regard to the jurisdiction of this Court in entertaining the O.A on the ground that since case of the applicant belongs to Southern Region, this Court lacks the jurisdiction to entertain this O.A, as per the specific clause in advertisement under the heading of Court Jurisdiction', therefore, this Tribunal has no jurisdiction to look into the matter...
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