Biswajit 04 December 2019

Seniority of reserve panel/waiting list

Sir, I was selected from reserve panel/waiting list by UPSC selection. I am general category (UR) candidate, I scored 60 marks in selection (written+interview). My dept . fixed seniority of all candidate selected from reserve list bottom of initial main list. Although last candidate of main list scored 40 marks (ST category) , I placed below him although I scored 60 in same exam. I know few dept like ours doing like this. Please guide me , can I go for legal action as many example there attached herewith where seniority decided as per marks.

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40 Replies

Biswajit 04 December 2019

As seniority depends on the merit of a candidate in a selection process, so marks should be only criteria for the determination of seniority of the candidates. Please suggest and guide.

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Biswajit 05 December 2019

Sir, Kindly once you go through the examples in PDF file. I think practical examples are better than any assumption. Kindly need your suggestion if any. Regards, Biswajit

Sudhir Kumar, Advocate (Advocate) 07 December 2019

a person getting employment in the same selection on the basis of relaxed standards or reservation cannot be senior to a person of general category.

meet a lwyer with available papers.

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Biswajit 07 December 2019

Respected Sudhir Kumar sir, Thank you for your valuable comment. As per DOP&T Guidelines same statement what you have mentioned. Seniority should be as per order of merit (marks) for a selection process. Candidates are selected on basis of relaxed standard cannot be senior to high merit general candidates. So many CAT order also there . once again thank you for your brief and valuable reply statement.

Biswajit 07 December 2019

Biswajit 20 December 2019

If any body need documents for court case please contact here. Do many CAT order and Departmental examples also there.. I will provide.

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mohan 20 December 2019

Biswajit sir thanks for uploaded file. I have 3 CAT orders , 2 from Bangalore CAT and one from Ernakulam CAT . If you want please share your mobile no.

Biswajit 20 December 2019

Yes I know those order , other so many are there, I think you are talking about Umesh kuar (DGAQA) CAT order from Bangalore, Suraj raj (DGAQA) CAT order Bangalore Bench, R Suresh (Indian railway) order Bangalore bench, Vindumadhav Shukla (INAS) from Ernakulam Bench. If you also want more can contact me. Reserve panel / waiting list candidates seniority in a cadre will be as per merit only , yardstick marks secured in exam by UPSC/ SSC .

Biswajit 20 December 2019

See the case of Vindumadhav where the candidate joined by Engineering services exam 2003, reserve panel but he was innocent and his seniority was down by several years , after he came to know the DOPT orders he filed case in CAT in 2017 and he got Justice and got seniority. So delay in filing case not a matter as that's the fault of department not the innocent candidate. He got seniority after 16 years.

Sudhir Kumar, Advocate (Advocate) 21 December 2019

You can keep blogging here til your matter becomes time barred and then not entertained by court.

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Biswajit 21 December 2019

Sir my matter now under process in my Dept, taking consultation with UPSC and DOPT , so I cannot go for legal action. Decision not yet taken by department. Few months back ministry sent query to dopt . Department taking time for there inter communications. So at this position I cannot go for legal action. CAT will advise for internal remedy first..right sir? Please guide

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Biswajit 21 December 2019

Sir in case of Vindu madhav. The candidate of 2003 engineering services , UPSC went CAT 2017. CAT accept his case as department cannot do injustice to a innocent candidate. And also this is mistake of department so department cannot justify simply saying candidate's deley representation or last few years acceptance of his seniority position. If you want the CAT order please share your mail I'd. CAT Ernakulam order on 29/04/2019

Biswajit 21 December 2019

After 15 years delay he got justice in his seniority position

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mohan 21 December 2019

Sir, Biswajit you are right. If department start playing and takes time , that deley not a prob for the candidate. Justice to a innocent /right person cannot be avoided by saying deley representation or late approach to CAT/legal action