Reservation in Job for PH ??
Oibato Hage
(Querist) 20 December 2009
This query is : Resolved
D/Frens,
I have a petition pending in the court regarding 3% job reservation for PH candidate in combined recruitment of AE (civil).
Recruitment was held for 18 posts of AEs under 5 departments.
Initially appointment in 18 posts was stalled by the court for outcome of my petition.
Later,due to the misc case filed by the 17 candidates , 17 posts were vacated by the court and 1 post was stalled for outcome of my petition.
Then, last candidate also filed misc case for vacation of last 1 post remained. However, court declined to vacate it on the ground that post meant for PH cannot be filled by non-PH candidate.
But later, the last candidate produced a State Govt. notification as per which the last 1 post stalled in given deptt. was not an identified post for my PH category. Accordingly, last post was also vacated by the court, but under condition that appointment in last post shall however be subjected to the outcome of my petition.
While having gone throug the said notification, I found that a post in one of the dept. was an identified post for my PH category. But, that particular dept. had requisitioned for only 1 post which was filled by non-PH candidate as and when 17 posts were vacated earlier.
This way, all the 18 posts are vacated by now. However, particular department, whose post was identified for me is yet to submit its reply for not keeping reservation for PH.
Now, while making enquiry,I got the recruitment rule and vacancy list of this particular department through the reliable sources, whereby it is stated that this dept. actually had 9 posts for direct recruitment. But what the dept. did was that it placed for requisition of only 1 posts in direct recruitment. And remaining 8 posts had already been filled by promotion and deputation prior to requisition for direct recruitment.
I have filed an RTI in this dept. seeking information about appointment made by direct recruitment as well as by promotion or deputation in the said posts for this particular period.
Please, suggest me how I should proceed by now. Can I bring this fact to the notice of the Court in instant petition? Or Do I need to file separate petition against the said dept. for violation of its recruitment rule?
Please help………
Ajay Bansal
(Expert) 20 December 2009
I think you should file a separate petition.
Oibato Hage
(Querist) 20 December 2009
D/Ajay Bansal Ji,
Say, I file a seperate petition and won the case. Shall I be appointed to that back log post retrospectively?
or
the department shall be asked to conduct seperate recruitment for all that posts ?
pls... help
pawan sharma
(Expert) 21 December 2009
you should file a seprate writ petition,and challang the notification.
Oibato Hage
(Querist) 23 December 2009
D/Pawan Sharma,
Is it possible to appoint me back retrospectively to the backlog post, suppose I challenge the state govt. notification and nullify it? I want to confirm this before filing fresh petition,Since,review committee is already under constitution for review and rectification of the said notification, after I lodge a complaint to state commissioner for disability.
