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Rajasthan High Court · body

2014 DIGILAW 172 (RAJ)

U O I v. C A T JAIPUR ANR

2014-01-10

AJAY RASTOGI, NISHA GUPTA

body2014
ORDER Instant petition has been filed against the order of ld. Central Administrative Tribunal (the Tribunal) dt.26.9.2013 directing the applicant-respondent-2 to appear before the concerned authority who shall examine the correctness of the documents and may proceed to take final decision regarding his consideration for appointment on the basis of selection held pursuant to advertisement dt.16.12.2010. The advertisement came to be issued on 16.12.2010 of Group-D posts and more that 5000 vacancies were advertised and eligible candidates were called upon to appear in the written test followed with physical fitness test and such of the candidates who finally qualified after going through the procedure prescribed under the relevant regulation/rules obviously their academic record was to be placed for verification and at that stage when the respondent applicant submitted his original academic record for verification his application form was rejected on the premise that it does not contain proper attestation and rejection of his candidature was assailed by filing original application before the Tribunal. Ld. Tribunal after taking note of the submissions made, disposed of the OA vide order dt.26.9.2013 while quashing the decision of the petitioner dt.29.7.2013 permitted the applicant to appear before the competent authority where his original documents may be examined and concerned authority after due verification and correctness of the document may proceed to take final decision. Counsel for petitioner submits that once attestation of the document annexed with the application were not in terms of the conditions of advertisement, no error was committed by the authority in rejecting application form vide order dt.29.7.2013 and the ld. tribunal was not justified interfering in the process which the authority adopted in passing the order impugned. The submission made is wholly bereft of merit for the reason that incumbent before the Tribunal filled the form way back pursuant to advertisement dt.16.12.2010 in accordance with the procedure provided under the Scheme of Rules and qualified the written test followed by physical efficiency test and after find place in the select list at that stage when called for verification of his documents, objection was raised regarding proper attestation and being member of Group-D which is of Class-IV cadre nothing more to be expected from them and the ld. tribunal was of the view that let opportunity be afforded to the incumbent and if he appear before the authorities his original record/documents may be examined by the competent authority and after due verification further action may be taken in accordance with law and this what was the minimum expectation from the department to consider at their end without going into further controversy and we find that no one in the department now a days is taking responsibility on its shoulder and for such petty matter approaches the Court, we deprecate such practice and it is expected from the department to settle such petty disputes at their own end. Consequently, the writ petition being devoid of merit accordingly dismissed.