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Judgment
Rajiv Joshi, Member (J)
Heard Mr. Pradeep Kumar, holding brief of Shri A.P. Tewary, learned counsel for the applicant and Shri Krishna Kumar Ojha, learned counsel for the respondents at the time of hearing.
The instant Original Application under Section 19 of the Central Administrative Tribunal Act, 1985 has been filed for the following reliefs:
I. " issue an order to quash the impugned result uploaded on interest dated 10.06.2020 so far it relates to the respondent- 5 shown at Serial No.1991 with regard to the post of GDS Assistant Branch Post Master Branch Post Office Pachhar, Bansi District: Siddharth Nagar under Basti Division;
II. issue an order or direction commanding the respondents to cancel the selection of the respondent no.5 to the post of GDS Assistant Branch Post Master Branch Post Office Pachhar Bansi District: Siddharth Nagar under Basti Division.
III. issue an order or direction commanding the respondents to select and appoint the petitioner/applicant to the post of GDS Assistant Branch Post Master, Pachhar Branch Offices Bansi, District: Siddharth Nagar within Division Basti forthwith.
IV. issue any other suitable order direction as or this Hon'ble Tribunal may deem fit and proper to secure the ends of justice.
V. award costs of this application to the petitioner.
The brief facts as apparent from the record of Original Application are that as under :-
a) The Indian Postal Department, UP Circle floated an advertisement for filling up the post of Gramin Dak Sewak on 23.03.2020 and total 3951 posts (Branch Post Master, Assistant Branch Post Master and Postman) were advertised through online mode.
b) As per Notification, the educational qualification was only high school and the mode of selection was only merit and one additional qualification was also required for the post of Assistant Branch Post Master i.e. Degree in Advance Diploma in Computer Application.
c) The applicant being eligible, applied for the post of Assistant Branch Post Master, by giving five preference for posting i.e. for Circle Basti, Sidharth Nagar, Kolhui Pachhar, Mishraulia and Azgera Branch Post Offices.
d) Since the mode of recruitment was only the merit basis of High School, applicant had secured 92.83% marks in High School and the respondent-5 appears to have secured 90.4615% marks in High School and as such, the applicant ought to have been selected, but the respondents uploaded the result on 10.06.2020, wherein the name of the respondent-5 was placed in the list the successful candidate and the name of the applicant does not appear in the select list.
e) Aggrieved by the same, the applicant filed an representation dated 22.06.2020 to Chief Post Master General U.P. Lucknow, Sanchar Minister Govt. of India, New Delhi, Superintendent of Post Offices Basti Division, Basti and Divisional Inspector Post Tetari Bazar through registered post, but no heed was paid. Hence, this Original Application has been filed.
On the other hand, counter affidavit has been filed from the side of the official respondents on 13.07.2022, wherein it has been stated as under :-
a) The application of the applicant with Registration No. CROA629294DD47 was not tallied as applicant uploaded junk papers in place of mandatary documents. It is clearly mentioned in notification that selection will be made as per the automatic generated merit list, based on the online applications, submitted by the candidates. The applicant applied on 5 posts as advertised, but the details of marks mentioned in his application form could not be tallied as he had not uploaded corresponding documents in place of his SSC certificate.
b) In reply, it is further submitted that as the mandatary document i. e. SSC certificate was not uploaded by the applicant, his candidature could not be considered.
c) The representation of the applicant dated 01.07.2020, addressed to Minister of Communication was received vide Directorate letter no. P.G-15/131/2020-PG dated 17.08.2020 has already been decided by the respondents and same was communicated to the applicant on 26.08.2020.
In reply, rejoinder affidavit has been filed by the applicant on 06.12.2022, wherein, the applicant reiterated the averments as made in Original Application. .
Learned counsel for the applicant assailed the impugned result dated 10.06.2020 on the ground that the applicant had secured 92.83% marks in High School and the respondent-5 appears to have secured 90.4615% marks in High School, but the respondent-5 was appointed. The mode of recruitment was only marks obtained by the candidates High School. The applicant, while filling up the online form, he was given Registration No.CROA629294DD47.
6.1 The respondents have adopted pick and choose method in appointing the respondent-5. The applicant had secured 92.83% marks in High School, there was no occasion for the respondents to declare respondent-5 to be selected to the post of Assistant Branch Post Master at Branch Post Office Pachhar, District: Siddharth Nagar within Division Basti.
Per contra, Learned counsel for the official respondents vehemently opposed the contention of the learned counsel for the applicant and submitted as para XX(viii) of notification dated 23.03.2020, it is specifically mentioned that applications within complete/incorrect data will also be rejected from consideration. The candidates were requested to select appropriate Board basing on the year of pass and Board of Pass from the respective state which recognized the Board. Any deviation with reference to the documents submitted and data entered will also liable for rejection of the candidature. The selection is made by automatically generated merit list based on the online submitted applications. As the applicant has not uploaded proper documents with application form, hence, his application form could not be tallied and hence, his candidature was rejected with remarks “Junk Papers uploaded in place of mandatory documents”. Therefore, the present original application is liable to be dismissed and the applicant is not entitled to any relief.
We have considered the submissions so raised by the learned counsel for both the parties and perused the records.
It reflects from the record that that admittedly the applicant filled up the application form for appointment to the aforesaid post in pursuance to the Notification dated 23.03.2020 and the application of the applicant along with others were considered by the respondents. The applicant with Registration No. CROA629294DD47 failed to upload the mandatory document i.e. the SSC certificate as required. However, irrelevant/junk papers were uploaded in place of this crucial document. As a result, the details of marks mentioned in the application form could not be verified or tallied by the respondents. The application form of the applicant along with supported documents were also brought on record by the respondents, wherein the SSC certificate of the applicant is not appended, meaning thereby, the applicant failed to upload the SSC certificate while filling the online application form.
As per the Notification, the selection is made by automatically generated merit list based on the application form submitted by the candidates and the applications within complete/incorrect data will also be rejected from consideration. Any deviation in the data provided, or mismatch with the uploaded documents, was liable to lead to rejection. In this case, due to the absence of the SSC certificate, the application of the applicant could not be verified and was thus rejected with the remark: "Junk Papers uploaded in place of mandatory documents."
In view of the above, the applicant’s candidature was rightly rejected due to non-submission of mandatory documents. The present application holds no merit and is liable to be dismissed. The applicant is not entitled to any relief.
Accordingly, instant original application is liable to be dismissed and as such, same is hereby dismissed.
All MAs pending in this O.A. also stand disposed off.
No order as to costs.