Reservation rules in govt. jobs
narender
(Querist) 06 June 2012
This query is : Resolved
I request the expert to kindly guide me and provide me information on the above subject. The brief facts of my case are as follows-
My wife applied for the post of Pharmacist (Homeopathy) in Health & Family Welfare Deptt, GNCT of Delhi under UR category. The opening date for the submission of application was 16/06/2008 & the closing date for same was 10/07/2008. As per the advertisement there were total 44 vacancies out of which 21 were unreserved and 23 were reserved (SC-05, ST-05 & OBC-13). The recruitment was conducted by DSSSB.
As per result notice dated 08/03/2010 my wife secured 112/200 marks in the selection exam. and was placed at 30th position/rank in the merit list. DSSSB provisionally selected 16 candidates in UR category and forwarded their dossiers to the user deptt. The result of 05 candidates was kept in abeyance as their dossiers were found deficient with the direction to the candidates to report to the office of DSSSB for the rectification of deficiencies. This was done up to the merit position 24 as 03 candidates up to the merit position 24 were ineligible. The candidates at merit position 25 & 28 were also ineligible for the post. The candidates at merit position 26 & 27 being belonging to OBC were selected against the seats reserved for OBC and both of them after completion of other requirements had joined their duties & currently working on them. The candidate at merit position 29 belongs to UR category.
In the meantime, out of 05 pending cases in UR category, the candidature of 02 candidates was rejected by DSSSB in Feb.11 because they were found ineligible for the post & out of 16 provisionally selected candidates in UR category; the candidature of 02 candidates was cancelled by user deptt. as the certificate related to essential qualification was found bogus in 01 case & candidate had not reported to the user deptt for the completion of other essential requirements in another case.
On dated 10/02/2011 the user deptt. wrote to the DSSSB to forward the dossiers of 02 more candidates from the UR category from the waiting list / merit list on account of cancellation of candidature of 02 candidates by user deptt. but no response was given by DSSSB in this regard.
My wife gave representation to the DSSSB to consider her candidature for the post but no action was taken by DSSSB.
Aggrieved by the inaction of DSSSB we approached the CAT, Principal Bench, N. Delhi to consider the claim of my wife for the post against one of the 04 unfilled vacancies in UR category. Hon’ble CAT disposed the O.A. on 20/10/2011 by directing the DSSSB to forward the dossiers of 02 UR category candidates according to the merit and as per rules. Copy of Hon’ble CAT order is hereby enclosed.
Consequently DSSSB approached Delhi High Court with writ petition and managed to get stayed the implementation of CAT order. In the writ petition DSSSB claimed that since as per the directions of Delhi Govt. no waiting list was maintained by DSSSB it is not possible for them to consider the claim of my wife as per CAT order against unfilled vacancies in UR category and further at any case this will be done than at that stage the entire result required to be reprocessed and the candidates who were at serial no. 26 & 27 in the merit list and who were earlier selected against seats reserved for OBC category and because they were earlier not selected against UR seats due to the non-availability of seats in UR category shall be migrated / adjusted against 02 UR seats as per CAT order and in these circumstances my wife will not get any relief. Now writ petition is pending before Hon’ble High Court.
My queries are as follows-
1. That after joined and currently working against OBC category seats can OBC category candidates be adjusted / migrated to UR seats on the basis of their merit in selection exam. which became available on the later stages of recruitment process due to the reason that some of the provisionally selected candidates in unreserved category found ineligible for the post.
2. Where and how the question of not maintaining the waiting list arises when some of the provisionally selected candidates were found ineligible for the post and on what basis DSSSB can adjust ineligible candidates against vacancies.
3. Can DSSSB disturb or modify the arrangement which was working for more than one year and where both the OBC category candidates have not make any objection for their selection against OBC seats and not against UR seats.
4. Whether or not DSSSB have any legal right to reprocess the result & change the selected category of candidates who had already joined against a particular category.
5. Since the Hon’ble CAT give relief against only 02 unfilled vacancies as per the demand of user deptt. and not against 04 unfilled vacancies, can my wife put her claim for the post against 04 unfilled seats in the Hon’ble High Court?
I request the experts to provide me information regarding service rules and Judgments of Hon’ble Supreme Court or Hon’ble High Courts in support of my case.
Thanks.
Sudhir Kumar, Advocate
(Expert) 06 June 2012
1. That after joined and currently working against OBC category seats can OBC category candidates be adjusted / migrated to UR seats on the basis of their merit in selection exam. which became available on the later stages of recruitment process due to the reason that some of the provisionally selected candidates in unreserved category found ineligible for the post.
Ans : yes, if in the revised merit their position has improved they will be treated as UR in case they have not availed any relaxation
2. Where and how the question of not maintaining the waiting list arises when some of the provisionally selected candidates were found ineligible for the post and on what basis DSSSB can adjust ineligible candidates against vacancies.
Ans : Ineligible candidates cannot be adjusted anywhere.
3. Can DSSSB disturb or modify the arrangement which was working for more than one year and where both the OBC category candidates have not make any objection for their selection against OBC seats and not against UR seats.
Ans: Such selectees had no cause of action to challenge in case they were wrongly adjusted against OBC it was for the other OBC to challenge.
4. Whether or not DSSSB have any legal right to reprocess the result & change the selected category of candidates who had already joined against a particular category.
Ans : the error once coming to notice can be caorre3cted
5. Since the Hon’ble CAT give relief against only 02 unfilled vacancies as per the demand of user deptt. and not against 04 unfilled vacancies, can my wife put her claim for the post against 04 unfilled seats in the Hon’ble High Court?
Ans : the depends upon the plea taken by you in OA, the advocate appearing in the case can decided as he has access to all the papers
Sudhir Kumar, Advocate
(Expert) 01 September 2012
You have already started a number of threads repeating the query :-
http://www.lawyersclubindia.com/experts/reservation-in-Govt-jobs--315071.asp
http://www.lawyersclubindia.com/experts/reservation-rules-in-Govt-jobs-311756.asp
http://www.lawyersclubindia.com/experts/reservation-rules-in-Govt-jobs-311671.asp
http://www.lawyersclubindia.com/experts/reservation-rules-in-Govt-jobs-311666.asp
http://www.lawyersclubindia.com/experts/reservation-rules-in-Govt-jobs-311651.asp
http://www.lawyersclubindia.com/experts/reservation-rules-in-Govt-jobs-311646.asp
http://www.lawyersclubindia.com/experts/reservation-rules-in-Govt-jobs-305361.asp
