Stay on recruitment in department of posts by nonselected candidates
pratik
(Querist) 08 March 2015
This query is : Resolved
Dear Sir/ Madam
Dept. of Posts (DOP) conducted an exam for the post of PA/SA, RMS, PASBCO & few other GROUP C posts. The exam was conducted circle wise. MAHARASHTRA & GOA is a separate circle. The Exam had two papers Paper 1 (written) & Paper 2 (Computer Test). DOP conducted exam in May 2014 for Paper 1 & those qualified for Paper 2, were asked to appear at paper 2 in Nov 2014. This paper 2 was just qualifying nature & merit is based on Paper 1 which was a written test.
After that the DOP declared final result on 08 Jan 2015. But due to discrepancies in Paper 2 (computer test) marks due to some operational errors, DOP removed the result next day from its website. DOP came out with accurate marks & new list in February 2015. This new list has no errors & is still there on DOP Maharashtra website.
In the meanwhile some candidates who were having their names in first list & failed to appear in updated list, approached the Nagpur Bench of high court. Due to this (and also due to political pressure) DOP has not yet released joining letters of selected candidates. Non-selected candidates have put the writ petition on the basis of ARTICLE 226 claiming there are more number of Outside Maharashtra students in the list & exam should be conducted again.[Stamp Number: WPST/3541/2015 Filing Date: 20/02/2015 Bench Nagpur Status: Pre admission]
I would like to know if anything can be done to get the joining. Can we get joining by giving undertaking to DOP or should we admit a counter-case. How much time can this process take?
Jayaraj Poojari
(Expert) 09 March 2015
Answer to your queries are as follows:
Can we get joining by giving undertaking to DOP?
In spite of giving an undertaking, DOP may not be able to let you join, as the matter is pending before the High Court i.e., the matter is sub judice.
Should we admit a counter-case?
You may file a WP seeking orders for your posting explaining the facts and your contention. However your WP would be clubbed together with the pending case for final disposal. This may involve incurring expenditure on your part.
How much time can this process take?
Time taken for legal process cannot be predicted as it depends on the volume of facts stated, enquiries, responses from either sides, arguments...etc. However the High Courts deny unnecessary adjournments and head for speedy disoposal at the earliest.
P. Venu
(Expert) 09 March 2015
The petitioners have approached the wrong forum. The Central Administrative Tribunal alone is having jurisdiction in the matter. The Petition is bound to be dismissed on this ground alone.
pratik
(Querist) 12 March 2015
Thanks for your in detail reply.... especially Mr. Jayaraj Poojari.
Rajendra K Goyal
(Expert) 13 March 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Central-government-group-c-recruitment-local-candidates-527061.asp#.VQLYvnyUePw
T. Kalaiselvan, Advocate
(Expert) 11 March 2015
