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Eligibility for appearing in departmental exam

(Querist) 05 March 2013 This query is : Resolved 

I am a central Govt. employee. In our department like other departments Limited Departmental Competitive Examinations are held for various Post i.e.from Group-D to Group -C , from Group- C to Non Gazetted Group B , from Group -B to PSS Group-B .

For all the exams , vacancy for the year is declared & qualifying date for computation of service is considered Ist January of the same year . For example , If exam is on 30.6.2011 , vacancy is calculated for 2011 and date for computation of qualifying service is considered 1.1.2011 (5 years of service on this date).

However, only for Group-B to PSS Group B , vacancy is shown for the previous year & thus , qualifying service is considered on previous year's Ist January . For example , if exam is on 30.6.2011 , only person with minimum qualifying service of 5 years on 1.1.2010 can appear for exam. Is this correct ?

please guide where I can appeal for this as no where I found the rule or rationale behind wasting 1 year of candidates .Is there any rule that different LDCE in same department has different rules ?

Anirudh (Expert) 05 March 2013
There is nothing wrong in such rules. The rules are framed not keeping in mind any particular individual.
Sudhir Kumar, Advocate (Expert) 05 March 2013
s it practice or rule.

Ist Janury preceding the date of vacancy is the general rule as per DOPT guidelines if the RR do not prescribe any particular date. Please see RR if any such date is prescribed.
archana (Querist) 06 March 2013
Thank you so much for replying . There is no such rule only practice is being followed . Only for this exam one extra year gets wasted . My question is how one should defend if He/she has to get permission for appearing for the exam?
Guest (Expert) 06 March 2013
The right source to approach would be through your Circle unior/ All India Union to get the recruitment rules modified appropriately by the Head of the Department.
Sudhir Kumar, Advocate (Expert) 06 March 2013
If no date is prescribed in RR then as per DOPT instruction, one should be eligible on the 1st January preceding the date of vacancy.

RR are not challnageable unless found ultra-virus of any part of Constitution.

Suggestion of Mr Dhingra is valid. Perhaps the only way out. But changes achieved by such exercise shall have prospective effect.
Raj Kumar Makkad (Expert) 06 March 2013
Nothing to add more as all aspects of the query have already been discussed very well.
archana (Querist) 07 March 2013
Thank you all for the guidance !
Guest (Expert) 07 March 2013
You are welcome.

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