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Anandakumara MB (Lawyer)     11 November 2010

Locus stadi in voilation of rules in recruitment of Govt off

Weather the any public can question the recruitment of particular person to the Govt Dept???

Voilation of rules and act in recruiting the officer.

Can we file casein Administrative tribunal (CAT or KAT)?? and what type of cae in CAT OR  KAT

What type of case can be filed in the HC ???



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 2 Replies

Democratic Indian (n/a)     11 November 2010

Yes if you can make a successful grievance under any and/or all Articles 14, 16, 19(1)g. "Rules" also means law as per Article 13(3)a. If such grievance affects a large group of people eligible for employment, it can also become a matter of PIL. For Part III of Constitution refer: https://india.gov.in/govt/documents/hindi/partIII.pdf

Sudhir Kumar, Advocate (Advocate)     28 January 2012

Your questions are replied as under as :-

 

Weather the any public can question the recruitment of particular person to the Govt Dept???

 

Ans : Yes

 

Violation of rules and act in recruiting the officer.

 

Ans : Yes

 

Can we file casein Administrative tribunal (CAT or KAT)?? and what type of case in CAT OR  KAT

Ans : No. only affected person (person who feels wrongly rejected) can file case in CAT. No PIL can be file

 

What type of case can be filed in the HC ???

 

Ans : Writ mandamus if the authorities are not taking action against the guilty.

 

Writ Quo-warranto against the person who is wrongly appointed.

 

 


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