Whether stay on such screening test is advisable?
Raman
(Querist) 11 May 2014
This query is : Resolved
DSSB ( Delhi subordinate selection bOARD) has made an advertisement for various paramedical( Pharmacists, Occupational therapists, Physiotherapist) posts in leading newspaper and application is made online and it has clarified in advt that there will be written test of MCQ type consisting of part A and Part B Part A consists of General ability, awreness, english etc and Part B consists of equal marks of subject matter of the post against which the candidate has applied
Now there is notification which shows that they will conduct examination of screening test/Interview new policy in which matriculation type of questions are asked on general knowldege, Mathematical ability, english, analytical ability which will be of 1 hour duration
My querry is that since the posts of Physioterpaists, Occupational therpaists are basde on graduate level entry whether it is reasonable to judge the ability merely on the basis of the matriculation level aptitude..whether direction through CAT on such examination can be stayed?? or candidate should appaer on examination which is incabale to asses the subject matter of the candidate??
ROHIT SHARMA
(Expert) 11 May 2014
1. The applicants cannot approach C.A.T unless they are in employment.
2. An individual aspiring for such employment can file a P.I.L. before the H.C. for staying such additional features of interview and selection of such govt Board.
Anirudh
(Expert) 11 May 2014
I differ with the views of Mr. Rohit Sharma.
The Jurisdiction, powers and authority of the Central Administrative Tribunal as per Sec. 14 of the Administrative Tribunals Act, 1985, is as under:
(1) Save as otherwise expressly provided in this Act, the Central Administrative Tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the Supreme Court in relation to-
(a) RECRUITMENT, and matters concerning recruitment, to any All-India Service or to any civil service of the Union or a civil post under the Union or to a post connected with defence or in the defence service, being, in either case, a post filled by a civilian;
As the jurisdiction extends to Recruitment, it is a stage prior to employment. Therefore, one need not be an employee to approach the Admv. Tribunal.
As regards the query of the Querist:
What sort of qualification / standard is to be prescribed for selecting a candidate is the job of the Administrator. It is neither for the Courts nor for the candidate to dictate. If a graduate is sitting for the examination, where the question posed is at Matriculation level, he is not prejudiced. Rather he is in an advantageous position. THEN THERE CAN BE NO GRIEVANCE FOR HIM. In any case, any one can approach the judicial fora including the CAT on any issue, in my view one will not be able to succeed in the petition.
Raman
(Querist) 11 May 2014
Sir,if the employer assess the geneeral ability of the caadidates merely on the basis of class X standard type without assessing the ability on subject matter..how can it be justified?? Physiotherapists needs to be assessed on physiotherpay skills which they have studied at Gradaute level similarly pharmacists should be evalauted on Phramacy education
Anirudh
(Expert) 12 May 2014
Are you the employer or are you the candidate?
If the employer in his wisdom and requirement wants to assess the candidate at Matriculation level, what is your problem?
Are you trying to be more loyal than the King?
Rajendra K Goyal
(Expert) 12 May 2014
The advertiser / employer is to see of which standard the examination is to be given. Agree with the expert Anirudh ji.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
Agreed with the opinion and views of expert Mr. Anirudh on the subject issue. A government agency conducting the recrutment will follow the process as per laid down rules, the rules so laid down cannot be challenged as per the whims of somebody's such peculiar queries without any justification to it.
