Ram Niwash vs Union Of India & Others

R. N. Singh, Member (J)

In the present OA, the applicant is aggrieved of the action of the respondents vide which the respondents have declined to consider the candidature of the applicant for the post of Junior Engineer, (Civil, Mechanical, Electrical and Quality Surveying & Contract) Examination, 2018.

Learned counsel for the applicant submits that pursuant to the notification dated 1.2.2019 (Annexure A/7) published by the respondent no.2, the applicant has participated in the relevant selection process and he qualified in the said selection process. Subsequently, the applicant's documents were also verified. However, the respondents have subsequently passed the impugned order dated 14.10.2020 (Annexure A/1) vide which the respondents have cancelled the candidature of the applicant. Subsequently, the respondents have issued a final result of the said examination on 11.1.2021 (Annexure A/15) wherein they have provided that the persons who are having any objection/grievance against the said result, they may prefer their objection/representation within one month. In view of such stipulation, the applicant is stated to have made a representation/objection dated 18.1.2021 (Annexure A/16). However, the same has not been considered and disposed of till date. Learned counsel for the applicant submits that the applicant is apprehending that pending applicant's aforesaid representation, the respondents may finalize the appointments pursuant to the aforesaid result/final result and thus the present OA.

Shri Sanjeev Yadav, learned counsel, who appears for respondents on advance service, submits that there is no need to consider the aforesaid representation/objection keeping in view the provisions of the aforesaid notification. He also submits that he has not been able to get instructions from the respondents about the fate of the applicant's aforesaid representation dated 18.1.2021. He is also not aware of the present status of the appointments pursuant to the aforesaid notification and final result.

We have heard learned counsels for the parties.

In the facts and circumstances, the present OA is disposed of with directions to the respondent no.2 to consider the applicant's aforesaid representation dated 18.1.2021 (Annexure A/16) and to dispose of the same by passing a reasoned and speaking order as expeditiously as possible and in any case within six weeks of receipt of a copy of this Order.

It is further ordered that till passing of such order by the respondent no.2, the appointment of last candidate to the post of Junior Engineer of the concerned branch shall be subject to the final decision of the competent authority on the aforesaid representation of the applicant.

The OA is disposed of in the aforesaid terms. Pending MA also stands disposed of accordingly. No costs.