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Raj D   04 June 2021

Suing govern institute for selection of ineligible candidate

Dear members

This is a little urgent. Is there any NGO or agency/group that can help us to represent and sue a central government institute (under the ministry of environment and forest) for first selecting an ineligible candidate and then failing to remedy the error within the timeline as stipulated by DoPT. We intend to bring this case in CAT or high court, Jabalpur.

Summary of the case: A government institute has appointed an employee at a faculty position who does not meet the basic minimum qualification. This is not an allegation but documented fact. The said institute is obligated to adhere strictly to MoHRD norms but has failed to do so. This is a case of the institute and the members involved in the recruitment process acting against the rule of law.

All supporting documents are available.

What we intend to do:

A: Sue the director of the institute for:

1. Facilitating the selection of ineligible selection. Please note that we have received screening and interview results under RTI and the discrimination by the director and other members is clearly established.

2. Failing to timely act upon the complaint, reverse the appointment, and attempt to cover up the case to hide his misconduct and possible abuse of power (as evident based on the discriminatory marking he gave to candidates).

3. By selecting an ineligible candidate and later failing to resolve the case, he caused a career loss to the deserving candidate and significant mental stress.

4. Investigation of Director and his team (administration department) for their role in selecting ineligible candidate, the discrimination he caused based on the available records of the markings, and his ignoring to hear the plea of the aggrieved.

B: Sue the BOG for:

1. Negligence to properly vet the selection (BOG is expected to vet all the appointments)

2. failure to timely address the complaint and thereby refusal to the aggrieved for justice.

3. By vetting the selection of an ineligible candidate and later failing to facilitate timely resolution of the grievance, BOG's actions led to a career loss to the deserving candidate, and significant mental stress.  

What we seek:

1. Reversal of the appointment and offering the position to the first waitlisted candidate

2. Recusal of the Director from the further recruitment process unless investigation of his role in the selecting of the ineligible candidate is completed.

I would be happy to connect over the phone if that helps.

Thank you. 

 



Learning

 6 Replies

Dr J C Vashista (Advocate)     05 June 2021

Be brief and specific for consideration and obligation of experts on this platform.

It will be better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

Sankaranarayanan (Advocate)     05 June 2021

Yes better to consult local lawyer and act as per  the advise

G.L.N. Prasad (Retired employee.)     05 June 2021

Please avoid repeating the same query, same contents again and again.  You are aware the practical difficulties involved in your issue.  Trust a local advocate and file writ before HC as it is the only remedy for the same issue posted again.

T. Kalaiselvan, Advocate (Advocate)     06 June 2021

You may make a complaint to the CVC in writing about the observed irregularities and wait for their action, if not you may have o file a PIL petition before high court.You cannot take any action individually on this because you are not the affected person neither you are a victim to this wrong episode.

 

Sudhir Kumar, Advocate (Advocate)     07 June 2021

complaint to CVC is an option.  But they have no powers to remove a wrongly appointed person and appoint correct person.

 

You have to file civil suit in appropriate court and the wrongly appointed person will also be a respondent. 

1 Like

G.L.N. Prasad (Retired employee.)     07 June 2021

But the queriest wants a voluntary organization or someone to fight for him.  Each Act or authority has jurisdiction.  For RTI, the second appeal is the only option, and getting information or cic decision after two years serves no purpose.  PGRMS grievance redressal is not a remedy. 

 The institution is aware as to how to escape, they can simply get a needed certificate (fake) and throw the blame on such an ineligible candidate stating that he has submitted that fake document.  They might have already decided as to how to face this situation.

One has to search where he has lost and it is his issue and suggesting a better option can only the guidance he can expect. 

The aggrieved party is an individual and never disclosed his resources to fight against the opposite party.  His opponent has money, men, and machinery and fighting litigation is not new for them and there may be advocates to do that free of cost for the institution as they are in a position to reciprocate for such goodwill.

The focus should be on ultimate remedy with less cost and only HC writ is the possibility if that institution is a public authority.  Otherwise, a regular suit in proper jurisdictional court, getting an immediate injunction for suspending the unqualified candidate from taking up coaching may be explored.

Gone are the good samaritan days for helping the unknown when time and money are precious to everyone.  Members must be practical in approach and when guidance is required, should not make a big post with unnecessary comments and ignore a great expert that has read that big post and cared to reply by quoting each and every para in query.

There is no use in continuing the same thread and other threads on the same issue in this forum and in other forums by the same aggrieved individual.

After all, this, what the aggrieved can get from the institution that benefits him is not known.


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