UNION OF INDIA AND ANR. Vs. SWATI SRIVASTAVA

JUDGEMENT

(1.) The present writ petition assails the order dated 6th April, 2017 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No. 3809/2014 whereby the Tribunal had allowed the Original Application filed by the Respondent. The Respondent who is presently working as a Scientist 'C' in the Petitioner-Defence Research Development Organization (DRDO), had filed the aforesaid Original Application challenging the order dated 10th October, 2014 whereby her appointment as Scientist 'B' made on 30th December, 2004, had been annulled.

(2.) An advertisement dated 27th March-2nd April, 2004 was issued by the Petitioner inviting application for various posts, including the post of Scientist 'B' in Biotechnology with 30th April, 2014 as the last date for submission of applications. The essential qualification for the post of Scientist 'B' was 1st Class Bachelor's Degree in Engineering or 1st Class Master's Degree in Science in the relevant subject. The Respondent, who at that time was pursuing her M.Sc. in Environment Biology, applied for the post of Scientist 'B' in Biotechnology Discipline on 23rd April, 2004. In her Application, the Respondent indicated that she had already appeared for the final year examination of M.Sc in Environment Biology with specialisation in Biotechnology, and her result was awaited.

(3.) Based on her application, the Respondent was called for interview in September, 2004. When the Respondent appeared for the interview before a six member Selection Committee, her final year M.Sc. result had already been declared. She accordingly submitted copies of various certificates and degrees, including her provisional M.Sc. Degree, dissertation work in Biotechnology undertaken by her in the second year of M.Sc. and a certificate of completion of Research Training in Biotechnology from Jawahar Lal Nehru Centre for Advanced Scientific Research, Bangalore. Pertinently, the respondent was the 1st rank holder and Gold Medalist from Delhi University, who had also cleared the NET.