LAWS(DLH)-2011-8-249

YOGESH YADAV Vs. UNION OF INDIA

Decided On August 05, 2011
YOGESH YADAV Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) IN this intra-court appeal, the warrantableness of the order dated 24th May, 2011 passed by the learned Single Judge in WP (C) No. 7007/2007 is called in question.

(2.) BEREFT of unnecessary details, the necessitous facts which are required to be stated are that the appellant applied for the post of Deputy Director (Law) in the Other Backward Classes (OBC) category in the office of Competition Commission of India (CCI) pursuant to a notification / public notice dated 11th November, 2009 inviting applications for various posts. In the notification, 13 vacancies were mentioned for the post of Deputy Director (Law) and there was a break-up in three categories, General, Scheduled Caste and OBC and the number of vacancies were 9, 1 and 3 respectively. Under the head of eligibility / qualification / experience for the post of Deputy Director (Law) was Bachelor of Law (Professional) or equivalent with three years experience in the relevant filed, including the corporate sector. Clause 7 of the Notification provided for the mode of selection. It was stipulated as follows: -

(3.) BEING dissatisfied with the aforesaid action, the appellant visited this Court in the writ petition contending, inter alia, that the respondent- Commission had acted in an arbitrary manner by changing the selection criteria inasmuch as it had prescribed an additional selection criteria, which was not notified to the candidates. It was further put forth that the appellant had secured 51 marks in the written examination but the persons who had secured less marks than him in the written paper had been selected as a decision had been taken to select candidates who had secured 65 marks in toto.