Filing Quowarrnto
Querist :
Anonymous
(Querist) 25 July 2011
This query is : Resolved
Sir/Madam,
our Department advertised for a one gazetted officers post(under reserve category) through State Public service commission .
As only one candidate applied for the said post, his name was recommended by the Public service commission for the appointment.
The said candidate has obtained a degree from open university through Distance mode.The said degree is not recognized by the DEC.The concerned open university has admitted the same under RTI query.
The issue of appointment was Challenged by two candidates in general category in The high court of the state . However court rejected plaint on the ground that the plaintiffs are not aggrieved parties.
Now the department has given an offer of appointment to said Candidate.
Can it be challenged?If Yes when and how?
The Officers association of Department is ready to challenge the Offer .
R.Ramachandran
(Expert) 25 July 2011
What do you mean when you say "the said degree is not recognized by the DEC." What is DEC?
More over, please paste the RTI reply received by you from the University.
After going through the reply, one can give the view to your query.
Out of Court
(Expert) 26 July 2011
Though ur query is nt very clear, hwevr on presumption ..HC ws rigt while dismising th plaint as th post ws actualy meant fr reserved categry and th plaintif were unreservd prima facie lacking ny sense f comptetion therein btween so no question of grievance arise for them..further if the concerned open university do nt recognise th said eligibility degree..an enquiry can be set up to asses th genuinity f the degree and upon its revealation thereof a fake /incompetent degree complaint can be lodged u/s 420 ipc and can be further procecuted as per law...kindly make us available a copy of advt. , documents submited by 04andidate nd RTI copy for proper guidance.. Ajitabha Pandey 8756272683
Querist :
Anonymous
(Querist) 26 July 2011
The DEC means Distance Education Council.As Per the gazzet nottification Dated 1st March 1995 all the degrees obtained from open universities are eligible for goverment jobs ,provided has to be recognised by the DEC.Copy of the same is attached.
The question is, whether an Officers Association of that department can file the Quo Warranto . Do they have a Locus standii?
R.Ramachandran
(Expert) 26 July 2011
Where is the copy of the reply from the Open University to the RTI -according to which the said degree is not recognized by the DEC.
Out of Court
(Expert) 26 July 2011
Yes in cases inasmuch to your"s department is competent to institute writ quo warranto ..
R.Ramachandran
(Expert) 26 July 2011
Dear "Out of Court", the department is the one which gave the appointment to the person concerned. Therefore, the question of the department instituting the Quo Warranto petition does not at all arise.
Out of Court
(Expert) 26 July 2011
Dear Ld.Mr. Ramchandran...i agre that th department has given apointment...but l00oking into facts of th case as herein that th department invitd aplication fr th said reserved post vide advertisment clearly mentioning therein th eligibility for th post pursuant to tht only Mr X of respective category aplied with a knowledge that his degre is competent ...later on department somehow came to a knowledge that degree of Mr X is nt competent, then in this case Department is th agrieved body and is very mch competent to place a writ Q.W. to inquire th genuinity nd validity of th dgree for th said post ..bt realy i could nt get ur point tha how department is nt c00mpetent ..
R.Ramachandran
(Expert) 26 July 2011
If the department feels that the appointment is wrong then it can straight away sack the employee after giving him show cause notice. There is no need to go in for quo warranto.
Out of Court
(Expert) 26 July 2011
As per madras HC in the matter of writ filed by IIT Employee welfare associati02n(sc/st) chalanging th apointment of registrar of IIT Madras ws issued a notice for enquiry ..nd there are list of case law inasmuch to same ..thus employee asociation is vry mch competent to demand quo waranto if the question is to determine th locus standii of employe association of dpartmnt
Out of Court
(Expert) 26 July 2011
Yes, ar per sacking employee i sugested in my before post to lodge a complaint u/s 420...get an IO fr enquiry and procecte as per law procedure ..but alternativly employe association of the concernd department can demand for Q.W...
Out of Court
(Expert) 26 July 2011
Yes, ar per sacking employee i sugested in my before post to lodge a complaint u/s 420...get an IO fr enquiry and procecte as per law procedure ..but alternativly employe association of the concernd department can demand for Q.W...
R.Ramachandran
(Expert) 26 July 2011
In fact, the Court should not insist on "locus standi" of the petitioner at all. The Quo Warranto petition is akin to PIL. So long as a question about the qualification of the person to occupy a particular post is raised, and if there is prima facie case, then the Court should proceed and decide the issue instead of insisting on locus standi. But, unfortunately, for the reasons best known to the judges, they insist on the locus standi (in this case an aggrieved person) to approach in a Quo Warranto petition and not any representative body. The Courts are not very consistent in this regard.
Out of Court
(Expert) 26 July 2011
SIR, that what regarding sacking i sugested in my first post tha department can set up an enquiry by lodging a complaint u/s 420 ipc and further prosecute as per law ..alternativly, employe association can also demand for quo waranto nd i think ths wld be the apropriate way to initiate sacking process for a gadget post employee as it would go in civil category rather than criminal as lodging complaint u/s 420ipc and to procecute furthr
Out of Court
(Expert) 26 July 2011
Few post of mine hv been repeated due to technical prob ..furthr i agrée tht QW is likewise to PIL say fr an example a medical proffesional practising wthout degre is injurious to large public residing in hs practise area ..similarly a wrong employe apointed is suposed to affect th quality of service in comparision to competent ones and hs apointment may be challanged in th interest of repute of department as wel as the public..and in ths case emloyee asociation of th dpartment is nt wromg while demanding QW
Out of Court
(Expert) 26 July 2011
Please refer to th judgment of HC madras as mentionêd above in that case thd writ QW was filed by reprerentative of IIT Madras Employe Welfare asociation against the apointmemt of registrar, and was admited and notice ws served to th dpartment
Querist :
Anonymous
(Querist) 26 July 2011
Dear Sir,
I am very much thank full for attaining my Query and for your valuable suggestions.
The Mater in regards to the absence of the recognition of the DEC was brought to the notice of the department by the officers Association .However, The department ignored the same for some (hidden) reason.
Since the RTI reply received is in local Language hence, not posted on site.
I will be very much grateful if you could refer me some case laws/ judgments in this regard.
Out of Court
(Expert) 26 July 2011
bt for suitable case laws u have to provide us relevent papers either scanned copy thru email or u can post it on LCI post as all these discussions are general view but for initiating or assisiting legal proceedings some formalities are required ... pandeyajitabha@gmail.com
