ARUN KUMAR NAYAK Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.02.2003 of the High Court of Orissa in OJC No. 6122 of 2000 whereby the order dated 6.8.1999 passed by the Central Administrative Tribunal (hereinafter the Tribunal) in O.A.No.606 of 1998 was set aside.

(2.) We have heard the parties at length. The present controversy relates to the appointment of Extra Departmental Sub Post Master (in short EDSPM) at Ratnagiri, now redesignated as, "Gramin Dak Sewak". On 18.9.1997 a requisition was made to the local Employment Exchange. It was stipulated that preference would be given to ST/SC candidates. Pursuant to the advertisement the Employment Exchange sponsored a list of 40 candidates including the 4th respondent herein Sri Chittaranjan Kar. A corrigendum was issued on 19.8.1998 requiring public Notification having wider publicity along with the requisition to be made to the Employment Exchange. This corrigendum was issued in terms of the directions issued by this Court in the case of Excise Superintendent Malkapatnam, Krishna District, A.P. V.K.B.N. Visweshwara Rao and others (1996) 6 SCC 216. On 9.9.1998, the public Notification was issued inviting applications from intending candidates. In the said Notification, it was stipulated that if a minimum number of 3 eligible candidates belonging to ST community do not offer their candidature, the vacancy in question shall be offered to the candidates belonging to OBC and SC candidates respectively, in order of deficiency in representation. Pursuant to Public Notification the appellant applied for the post as an OBC candidate in the prescribed application format along with the requisite documents.

(3.) It may be mentioned here that out of 40 candidates sponsored by the Employment Exchange, only 7 candidates submitted their application forms when called upon to do so. Thus, 33 were eliminated. Out of the balance 7 candidates, six candidates were again disqualified since they did not produce all the necessary documents. The candidature of only the 4th respondent was considered and he was selected on 15.10.1998. There was no element of selection. The process of selection was a mockery. The candidates including the appellant, who applied pursuant to the advertisement, were eliminated by Respondent No.2 Supdt. of Post Offices, Cuttack, North Division, on the ground that since the recruitment process had already commenced pursuant to the requisition made to the Employment Exchange on 18.9.1997, the public Notification issued on 9.9.98 inviting applications was superfluous and unnecessary. On this reasoning, the 2nd Respondent was of the view that the 4th respondent who is a general category candidate was the only eligible candidate amongst the applicants who applied pursuant to the requisition made to the Employment Exchange.