Whether its necessary to made the appointed candidate as party for ordering an inquiry?
Guest
(Querist) 06 July 2011
This query is : Resolved
I Am/worked as Clinical Assistant in leading medical Institute of India since 1997 purely on adhoc basis and participated in selection process against the Unreserved Post (UR) held in year 2002 and was placed in waiting list panel by the selection committee. Subsequently one vacancy was created due to the resignation of one candidate but I was denied appointment against the post. Moreover, I didn't know about my candidature as the result wasnot even notified. I came to know about the status of candidature by the way of RTI
The Institute/organisation had advertised one post of clinical Assistant in year 2006 under Reserved Category (SC) in which one candidate was given appointment against the post and other candidate was placed in the waiting list panel. Subsequently after one year , another post under Unreserved Category was created due to termination of the one candidate. The Institute had offered the vacancy to the other candidate who was placed in the waiting list panel against the reserved category (SC) prepared by the selection committee.
I smell fishy about his/her genuiness of being entry in very suspicious manner. Because in my case the vacncy was created within 4 months and I was denied appointment and in his/her case post was offered in a very surprised manner. RTI was filed in this reagrd for offering the Unreserved Post (UR) to other candidate who was placed as waitlisted candidate under Reserved Category (SC) without advertisement and without giving any opportunities to the candidates of UR. The Institute replies that since the panel was valid there was no need of advertisement
I filed a case before non consideration of the candidature against the Unreserved Post in year 2002 . The CAT allowed my Application and give directions to the Respondent Institute to appoint me on regular basis. The Institute showed helpless in offering me the seat as they stated that all posts have been filled up and move to the High Court. The High court has reverted it back for deciding the plea of Limitation which was dismissed by CAT. I am now planning to file writ petition against the order
Since, organisation has made irregularities in offering the post of Unreserved category (UR) to the candidate who was placed in the waiting List against the Reserved Category (SC) without advertisement and without given any opprtunity to the other candidates of UR.
Whether writ petition can be filed against the Institute for giving undue favors to the candidate without comparing relative merits. As I could not made him the party because I have participated in the selection Process in year 2002 and the candidate was appointed IN YEAR 2007 against the Unreserved post (UR) without given opportunity to other candidates
Whether its necessary to made the appointed candidate as party. or urged the court to conduct an enquiry by the way of writ petition as the organization has reply ready that since panel was valid and there is no need for advertisement?
Whether urging Court to conduct an enquiry for appointment will solve the riddle, if Institute nor the appointed member will be the party of the case??
Guest
(Expert) 06 July 2011
Of course, you will have to make party the appointed candidate also, as his interest is involved, his appointment also being challenged by you, besides the irregularity committed by the management.
Guest
(Querist) 07 July 2011
Sir,
Thanks for mail
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
