Kaushal Kishore vs Union Of India & Others

R. N. Singh, Member (J)

The present application under Section 19 of the Administrative Tribunals Act 1985 has been filed to challenge the order dated 16.09.2019 (Annexure A-1) whereby the respondents have cancelled the process for recruitment to 25 posts of Staff Car Driver (Ordinary Grade) due to administrative reasons.

Learned counsel for the applicant submits that pursuant to an advertisement issued by the Respondent No.3 in the employment news dated 1-7 August, 2015, the applicant applied for the post of Staff Car Driver/Ordinary Grade and he participated in the relevant selection process as he appeared for skill test conducted by respondent No. 3 at Nagpur on 19.05.2017. It is stated that Respondent No. 2 had issued a merit list along with the selection list of 25 successful candidates and the applicant's name also figured therein at serial list no. 11 in the said list under Un-reserved category. The applicant has been waiting all along for offer of appointment, however, suddenly vide aforesaid impugned order, the respondents have cancelled the entire selection process.

Learned counsel for the applicant submits that though the respondents may have some valid reasons, however, once they have completed the selection process and the applicant's name figured therein in the selection process, the respondents were duty bound to give some valid reasons for cancellation of the said selection process.

At this stage, learned counsel for the applicant submits that the present OA may be disposed of with liberty to the applicant to make a comprehensive representation to the Respondent No. 2 & 3 within 15 days and on receipt of such representation, the respondents may be directed to consider and dispose of the same by passing a reasoned and speaking order. Learned counsel Sh. Satish Kumar, who appears on advance information on behalf of respondents, is not having any objection to such request of learned counsel for the applicant.

In view of the aforesaid, without going into the merits of the case, the present OA is disposed of with liberty to the applicant to make a comprehensive representation to Respondents No. 2 & 3 within 15 days from today and on receipt of such representation, the Respondents No. 2 & 3 are directed to consider and dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within eight weeks from the date of receipt of copy of such representation .

OA is disposed of in the aforesaid terms. No costs.