Whether I can filed the writ Petition without making “B” as party?
Guest
(Querist) 07 July 2011
This query is : Resolved
I worked in renowed Medical Institute as Research/clinical Assistant on adhoc basis. The administration had advertised one post under Unreserved Category (UR) in year 2002 against which I had been placed as waitlisted candidate and subsequently the selected candidate had left But I had been denied appointment against the vacancy created
Therafter, the administration had advertised one post under Reserved category (SC) in year 2002 and one candidate “A” was selected and “B” was placed as waiting list panel against the reserved post. Subsequently one employee was terminated and vacancy had arisen which falls under Unreserved category (UR). The administration had offerd the post of Unreserved category (UR) to candidate “B” who was placed in the waiting list panel against the reserved Post in year 2007
This I came to know by the way of RTI applications and made my representation for arbitrary denial of my candidature in year 2002 which was turned down. I filed the Petition before the CAT which was allowed but remanded back to the CAT by the High Court for deciding the plea of Limitation. My claim is regard to post/vacancy arisen in year 2002
Now in regards to filling up the Unreserved post (UR) without advt and to the candidate “B”. I was informed that the panel for my candidature has expired in year 2006 and I cannot claim against the post which I accept it mentally. But equally I cannot ignored that Administration had given favorism to candidate “B” without giving any opportunity to other Unreserved Category (UR) candidates. This I only could Know because I am working the concerned Department and I had make use of RTI to know about his status. Even If I challenged the procedure, I will not get the post which had crerated in year 2007 as my panel had already expired but equally I don’t want to ignore that administration had made irregularity in making the appointment to “B” without given any opportunity to other meritorious candidates
In above all, what is the best way of conducting the enquiry by writ petition before the High Court or by PIL?
Whether, I should file the case against the Institute for causing Irregularity or its mandatory to made the appointed candidate as party because I am not claming his post but only want to quash the irregularity involved which has done by the administration?
In case If I filed the case the Institute only, whether it will not be sufficient to act under the directions of High Court to take appropriate steps in quashing the irregularity involved?
Kindly give time to my query as it involved the interest of other candidates
Regards
prabhakar singh
(Expert) 07 July 2011
PIL DEEMS SUITABLE ELSE LOCUS MAY BE ASKED.
CANDIDATE APPOINTED IS NECESSARY PARTY.
Guest
(Querist) 07 July 2011
Whether making Institute as party will not solve the riddle as the Institute in reply to RTI has already made submitted that panel was alive . That's why Unreserved Post was offered to candidate who was placed as waitlisted candidate who has contested aginst the reserved Post only and there was no need of fresh advertisement/notification.
In any case I won't get the seat/post if he has been terminated but appointment was made without given any opportunity to the other candidates including me
Whether Urging Court to conduct an inquiry into appointment by making Institute as party (without making candidate appointed ) will not solve the riddle
