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How to file a stay against a recruitment held

(Querist) 27 October 2014 This query is : Resolved 
Sir / Madam,
This is venkataramanan. Herewith this, I would like to know about how to file a case against a central govt. organisation.

I have written the exam for my respective post of Pharmacist. The exam was held on Aug 2014. The results were published and the selected candidates were joined by September. Before a week ago, they released the key for the written exam, held on August, along with the Question paper, in their official website. In that we have found around 15 wrong answers were found.

In this regard, I would like to know whether I have to make stay order or to ask for the revaluation of my marks, or wholesome revaluation of all hose who attended the examination.

If so, How much amount is needed to file a case or stay order in the High court.

Kindly provide me an expert advise from your side.

Thanks.

Regards,

VENKATARAMANAN.L
Anirudh (Expert) 27 October 2014
You have to file the case in the Central Administrative Tribunal (CAT) and not in the High Court. Get in touch with a lawyer who is practising before CAT, Hyderabad. He will do the needful.

Sudhir Kumar, Advocate (Expert) 28 October 2014
You can seek stay only if you establish before the court that you prima-facie have a strong case and that irreparable loss will be sustained due to joining of other candidates and all the candidates will have to be impleaded.
Rajendra K Goyal (Expert) 28 October 2014
You can seek stay if you are able to satisfy the court that irreparable loss would be sustained due to joining of other candidates. That you had good chances of success if correct key applied. Consult competent lawyer.

Expenses depend on the lawyer you select.

ajay sethi (Expert) 28 October 2014
agree with MR Anirudh
Sudhir Kumar, Advocate (Expert) 28 October 2014
Expenses will include the No of copies of application with enclosure which you will have to submit to the court so that each selected candidate get a copy with summon.
venkat (Querist) 28 October 2014
Thanks a lot for your replies respected lawyers. Hope it will help me by all means.

Regards,

VENKATARAMANAN.L
T. Kalaiselvan, Advocate Online (Expert) 28 October 2014
You may follow the expert advise given by expert Mr.Anirudh which seems to be more suitable.
Sudhir Kumar, Advocate (Expert) 29 October 2014
fresh thread at

http://www.lawyersclubindia.com/forum/details.asp?mod_id=111460&offset=0#.VFBwjmeO5G0
malipeddi jaggarao (Expert) 29 October 2014
Agreed with the experts.
P. Venu (Expert) 29 October 2014
You can file an OA in the CAT Bench of your State pleading the alleged mistakes and competent evidence in proof of the same. You may pray for the reevaluation of the answer sheets accordingly and that you may be offered appointment in case you qualify.

If the reliefs are so moulded, the the said organisation alone needs to be impleaded as the respondent.
Sudhir Kumar, Advocate (Expert) 30 October 2014
You want to challenge a completed selection procedure, wherein some candidates have been empanelled (rightly or worngly) and you want top pray them to be dislodged from panel.

Everyone who is likely to be affected by your OA needs to be impleaded.

Failing which the court may not entertain application and if entertained by the court the deptt may file objection and if deptt does not object the terms of the judgement in your favour will not be binding upon the selected candidates and they cannot be removed from select list.

You time and money will be futile.
venkat (Querist) 30 October 2014
Thanks for the reply of all experts, I have already sent a letter to the Director of that organization a week ago regarding more than 15 marks were given to the wrong key answers, but yet they do not reply to my letter.

My question in this regard if i filed a case in this matter, what will court do for me, either appointment for me or reevaluation of my answer sheet only or all the papers of the candidates (800)who appeared for the written exam and then prepare a new selected list for written mark and call for interview.

Another thing in this matter, i want to know now more than 5 candidates who appeared for written exam not selected for interview like me are also now want to file a case in this matter. so,it helpful for me or disadvantage for me.

thanking you
Sudhir Kumar, Advocate (Expert) 30 October 2014
two hours back you thanked the experts and at the same time you opened a new thread and repeated the query:-

http://www.lawyersclubindia.com/forum/File-a-case-in-cat-or-high-court-111582.asp#.VFJvgWeO5G0

this shows distrust to the experts who expressed other views.
Sudhir Kumar, Advocate (Expert) 30 October 2014
"either appointment for me or reevaluation of my answer sheet only or all the papers of the candidates (800)who appeared for the written exam and then prepare a new selected list for written mark and call for interview"

I have answer but now I do not feel like reply your query.
venkat (Querist) 31 October 2014
Sudhir sir i am extremely sorry for that incidence, i do not know the procedure how to write my further queries here. yesterday i thank and replied to all experts and ask some questions, but the update show to me only my old queries, so that i think every time we need to open new thread, but at the same time to avoid confusion i posted my old thread followed by my new queries in the same message.

I trust you sudir sir and all the experts who reply to me. I am new to this site sir.

thanking you

Venkatraman


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