Rajendra Kumar Meena vs Union Of India And Ors

S.N. Terdal, J

We have heard Mr. Manoj Joshi, counsel for applicant and Ms. Esha Mazumdar, counsel for respondents, perused the pleadings and all the

documents produced by both the parties.

In this OA, the applicant has prayed for the following reliefs:

“a) Direct the respondents 2 & 3 to declare result of the applicant in connection with advertisement no.05/2007 and issue appointment order in his

favour to the post of Statistical Assistant in pursuance of the Advertisement No. 05/2007 against post code 85/2007 with all consequential benefits,

including seniority in accordance with his merit position.

AND/OR

b) pass such other order/s as may be deemed fit and proper.â€​

The relevant facts of the case are that the applicant applied for the post of Statistical Assistant under post code 85/07, vide advertisement no.

05/2007. The applicant appeared in the examination held for the said post. The essential qualifications for the said post as per the advertisement are

that he should be a Post Graduate in Statistics and related subject and if he is a Post Graduate in Economics and related subject than he should have

studied Statistics as one of the subject at the degree level. The relevant portion of the advertisement regarding essential qualification is extracted

below:-

“(i) Post Graduate Degree in Statistics/Operational Research / Mathematical Statistics / Applied Statistics or

(ii) Post Graduate Degree in Economics/ Mathematics/ Commerce (with Statistics as one of the subject/paper at degree level.)â€​

At the time of document verification it was found that the applicant had not studied Statistics as one of the subject or paper at the degree level as

required under the relevant Recruitment Rules (RRs), as such his candidature was rejected.

The counsel for the applicant vehemently and strenuously submitted that the applicant had studied Statistics as one of the subject in his BA degree

level. In support of his contention he has produced the marksheet for BA part-1 as Annexure A-1. From the perusal of the said marks sheet it is clear

that the applicant has not appeared in the Statistics paper. Even from the perusal of the marks sheet of 2nd year and IIIrd year also it is clear that he

had not appeared in Statistics paper. The case of the applicant is that though he has studied Economics but with some aspects of Statistics and on the

basis of letter issued by the Professor and Head of the Department of Economics, University of Rajasthan, he submits that whatever subject he had

studied in Economics should be treated as equivalent to having studied subject on Statistics.

The counsel for the respondents equally vehemently submitted that applicant admittedly has not studied any subject in Statistics and even from the

perusal of the marks sheet for first year BA part-1 which is produced as Annexure A-1 alongwith the rejoinder it is clear that he had not studied

Statistics and on that ground rightly submits that there is no illegality or arbitrariness in rejecting the candidature of the applicant.

In view of the facts and circumstances narrated above, we do not find any merit in this OA. Hence, OA is dismissed. No order as to costs.