SUNITA RANI VERMA Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this petition filed under Article 226 of the Constitution of India, petitioner seeks to challenge the order dated 16.08.2012 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 2570/2012, whereby the Original Application preferred by the petitioner was dismissed by the learned Central Administrative Tribunal.

(2.) THE grievance raised by the petitioner in the instant petition is that she has been wrongly denied participation in the selection process for appointment on the post of 'Vocational Instructor, Trade -Dress Making' owing to her over age and ignoring the fact that she was entitled to the said post not only on the ground of relaxation as an OBC candidate but also as a divorcee.

(3.) ANOTHER grievance raised by the petitioner is that at the time of making application pursuant to Advertisement No.22/08, she was eligible for consideration and therefore based on her eligibility she ought to have been considered for selection for the vacancy arising out of the advertisement issued in the next year vide Advertisement No.03/2009. The petitioner sought direction from the respondent to declare her result of previous two selection processes and had also prayed for an interim order for restraining the respondent from holding the selection process on 14.4.2009 and also to not to fill up the post of Vocational Instructor in the Trade of Dress Making. The learned counsel for the petitioner submits that learned Tribunal has dismissed the said Original Application filed by the petitioner vide order dated 12.05.2009 and the petitioner had challenged the said decision before the Hon'ble Calcutta High Court in AST No.308/2009 and the Hon'ble Calcutta High Court while disposing the petition filed by the petitioner had observed that it will be open for the petitioner to revive her application in the event there is any fresh cause of action. The learned counsel for the petitioner also submits that the respondents had subsequently published Advertisement No.08/2010 dated 24.4.2010 for one post of Vocational Instructor (Dress Making) reserved for OBC against which, again the petitioner had submitted her application well within time but again she was not called for interview and this is how the fresh cause of action arose to the petitioner to file O.A.No. 2570/2012 but the same was dismissed by the learned Tribunal in limini on 16.8.2012 without appreciating the merits of the case of the petitioner.