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Government job not given.

(Querist) 06 December 2015 This query is : Resolved 
Respected experts,
I appeared for Junior Hindi Exam 2013 and final result of this exam was declared in February 2014. In the final exam I was selected for the post of Junior Hindi Translator. GSI(Geological Survey of India) was allotted to me. But after a few days I received a letter for GSI that they are returning my dossier to SSC because I do not possess the required educational qualifications.
According to the GSI education qualification for this post is
MA in English/Hindi OR
BA with Hindi and English as main subjects plus diploma in translation
But the education qualifications given by SSC were different.According to SSC
Those candidate who have done BA(Hons) English with Hindi as a subsidiary/MIL subjects are eligible for the post of Junior Hindi Translator.

GSI returned my dossier to SSC, I had a word with SSC they said that they will send my dossier to another department. In the month of October 2014 they have sent my dossier to CAG(Comptroller and Auditor General of India) and now CAG is also saying that I am uneligible as I do not possess the required educational qualifications.

What is my fault, I applied according to the education qualifications mentioned in the notice of this exam.
When my dossier was returned by GSI, SSC was already aware of my qualifications, they should have sent my dossier to department for which I am eligible.

Now my question is
Can I sue both CAG and SSC for not giving the government job which I deserve.Candidate who appeared with me had already drawn close to 2 years salary.

It is possible for any department to return my dossier if I am eligible according to the SSC.
Please help


Sudhir Kumar, Advocate (Expert) 06 December 2015
use rti

seek

(i) requisition given by GSI to the SSC.
(ii) recruitment rules for the post in GSI.
(iii) requisition given by CAG to the SSC.
(iv) recruitment rules for the post in CAG
Sudhir Kumar, Advocate (Expert) 06 December 2015
You have to understand that while sending dossier to the deptt the SSC casts a duty upon the deptt to check eligibility before issue of offer.

If you go to court and If deptt is able to prove in court that you are not eligible as per RR, the you have no case and mere emplacement by SSC will be of no help or consequence.
Kumar Doab (Expert) 06 December 2015
Certainly you are not at fault and everyone seems to interested in convincing you that there are dossiers and you alone are at fault.



Approach an able lawyer and ascertain if you are entitled for damages/compensation/employment.
Sudhir Kumar, Advocate (Expert) 07 December 2015
YOU HAVE BEEN ADVISED ON OTHER THREAD
Rajendra K Goyal (Expert) 07 December 2015
Consult local lawyer and discuss in detail.
Pankaj (Querist) 07 December 2015
Thank you very much for your expert opinion
Yes the recruitment rules of both Gsi and Cag are different from SSC.
But I would like to add some points
If there is difference in recruitment rules of SSC and user departments then why SSC is issuing advertisement with their own recruitment rules and making fool of thousands of candidates every year.SSC is a government agency under DOPT.
My dossier was sent to Cag in October 2014 and they have taken a year to check my eligibility. They could have checked my eligibility in October 2014 as well. Who will be responsible for this delay.
SSC is not saying that I am not eligible. Is it legally binding for SSC to give me a job as I am eligible according to them
Sudhir Kumar, Advocate (Expert) 07 December 2015
first of al stand corrected.

RRs are framed by the deptt which holds vacancy.

SSC does not make RRs.

the deptt has no role in the advertisement. they are not bound by the mistake of SSC if SSC has considered ineligible candidate.
Sudhir Kumar, Advocate (Expert) 07 December 2015
" Is it legally binding for SSC to give me a job as I am eligible according to them "


NO. SSC IS RECRUITING AGENCY AND IS NOT AN UNDERWRITER.
T. Kalaiselvan, Advocate (Expert) 14 December 2015
Agreed with the views of experts on the subject query.
P. Venu (Expert) 14 December 2015
Certainly, you have a case. SSC is much more than a recruiting agency. It as an agency of the State so are the other agencies involved. Article 16 applies. You may approach the jurisdictional Bench of the CAT.
Kumar Doab (Expert) 14 December 2015
I shall concur with Shri P. Venu.


If there is a disconnect then that is also wrongdoing of all parties involved.


GSI/CAG or whatever has to release right dossier to SSC or anyone else and also should pass the draft of advt.


There are many threads with similar issues e.g;


http://www.lawyersclubindia.com/forum/Case-against-psu-for-cancelling-candidature-after-written-130718.asp#.Vm7NYF5-jMo



Enough nuisance seems to have been littered.

Instead of general public/candidates that burn their midnight oil and get their hole in their pockets it these good for nothing arm chair managers that should be penalized.


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