STAFF SELECTION COMMISSION Vs. MOHAMMED PARVEEZ

JUDGEMENT

(1.) By the impugned order dated 17.8.2012, the Central Administrative Tribunal, Bangalore Bench in O.A.Nos.494 & 495/2011 directed the petitioners herein to issue select list in favour of the respondents herein within six weeks; further direction is issued to the appointing authority to take appropriate action pursuant to the such selection list to be issued.

(2.) The respondents are presently working as Fieldmen in the Forest Survey of India. An advertisement came to be issued by the Staff Selection Commission (first petitioner) advertising vacancies of six Deputy Rangers; certain eligible criteria was fixed; since the respondents comply with the prescribed eligibility criteria, they also applied for being appointed as Deputy Rangers after following due procedure; they also produced necessary certificates as per the advertisement for the said post; out of 6 vacancies, 4 vacancies are for unreserved and 2 for reserved categories; eleven persons, including the respondents were shortlisted for the said posts; out of them only two are selected viz., Mr.Raviparakash D. Patil and Sri Bidyut Nayek, based on the marks obtained in the interview; others, including the respondents are not selected; both the respondents are from unreserved category; being aggrieved by their non-selection, the respondents approached the Central Administrative Tribunal, Bangalore Bench by filing O.A.Nos.494 and 495/2011, which came to be allowed by the impugned order.

(3.) Undisputedly, all candidates including the respondents are in-service candidates. Therefore, they are having required experience in Forest Survey Work. That is why, petitioners on merits shortlisted the names of 11 candidates, including respondents herein out of 1967 candidates who applied for the post. The mode of selection is also disclosed in the advertisement. The mode of selection clearly reveals that the shortlisted candidates may be required to undergo a written proficiency test wherever applicable/required or considered by the Commission at its discretion. The mode of selection also makes it clear that Commission holds the discretion to fix different qualifying standards for different categories in the proficiency test wherever applicable.