(Guest)

Whether PIL aginst the medical Institute is maintainable

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. Mofreover, 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 PIL can be filed aginst the Institute for giving undue favorism to the candidate without comapring relative merits. As I could not made him the party because I have particicpated in the selection Process in year 2002 and the candidate was appointed IN YEAR 2007 aginst the Unreserved post (UR) without given opprtunity to other candidates?

Whether in PIL its necessary to made him the party or suit against Institute is sufficient to nail him/her down?

There is sufficient Locus standi as I am the affected party aginst the Unreserved Post (UR) without any given opprtunity to contest against the Post

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4 Replies

pervez (adviser) 06 July 2011

You may consider filing writ before concerned HIgh Court for the grienvance. PIL route is not advisable as Hon'ble SC has set strict guidleines for the case to be considered under PIL.. I have experinced that many petitioners / litigants have been penalised by High Court for its misuse... regards

(Guest)

Thanks for reply

But the Writ Petition is only maintainable against the CAT order / or the order of the Respondent in which my rights have been affected, i.e pertaining to year 2002.which i will definately do

But here the respondent have also given UR post to the waitlisted candidate who has merely applied aginst the Reserved Post. The candidate was offered UR post in year 2007 without comparing the relative merits and without given any opprtunity to the other candidates of the Unreserved Category (UR)

If the post has been advertised in year 2007, I and other candidates may applied against the Unreserved category which has been snatched by the respondent by not advertising the vacancy which has been created in year 2007

But I now been afraiding to file PIL from your views Kindly suggest

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 06 July 2011

Dear Querist,

It appears that you and some other candidates could not have been abled to apply against the UR category becasue non-advertisement in 2007 by the Respondent despite vacancy so created in 2007. In this facts and circumstances, please consider filing a separate writ by each one of you or everybody can join together and file WP seeking same relief. This should work. It has been correctly advised that PIL is not a right remedy.