THIRUPATHI KODARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Vide the present petition, the petitioner seeks direction thereby setting aside the final result dated 17.04.2017 issued by the Respondent no.2 and directing the said Respondent to renotify the recruitment process for the post of 'Junior Technical Assistant'.

(2.) The brief facts of the case are that respondent no.2 on 20.09.2016 vide its advertisement no.CWC/1-Manpower/DR/Rectt/2016/02 invited online applications for various posts in its framework. Accordingly, the petitioners applied for the said post as provided on the website of respondent no.2. As per the advertisement, the selection process for the post of 'Junior Technical Assistant' involves Online Test as well as Document Verification. Thereafter, the applicant shall be provided with the appointment letter in case he/she fulfils all the requisite essential requirements as per the advertisement. The Petitioners after carefully going through the aforesaid advertisement filled the online application form and were provided with the relevant details such as Roll Numbers, Applied Category, Centre number etc. As per the prescribed selection process, the examination for the post of 'Junior Technical Assistant' was held on 18.11.2016 and the Petitioners duly appeared in the same. Thereafter, the Petitioners waited for the result and the same was declared in the mid of the month of December, 2016. The Petitioners cleared the first stage of the selection process and were further called upon for the second stage i.e. Documents Verification from 26.12.2016 to 29.12.2016 at Warehousing Bhawan, Institutional Area at New Delhi. From 26.12.2016 to 29.12.2016, both the petitioners reached the aforesaid centre for their documents verifications and after the completion of the process, the officials of the Respondent no. 2 told the Petitioners that they would receive the final result latest by April, 2017. On 17.04.2017, the Respondent no. 2 uploaded the final result of all the qualified applicants.

(3.) The case of the respondent no.2 as made out in the counter affidavit is that more than 250 candidates have already been appointed after the selection and have joined the Respondent Corporation and as such entertaining the prayer of quashing would displace them of their lawfully acquired position. The advertisement dated 20.09.2016 specifically mentioned in its clause B that mere shortlisting of the candidate would not imply that a candidate is empanelled for appointment in CWC. The Petitioners could not assert a right which never accrued to them and the writ jurisdiction of the Court could not be invoked under such circumstances. The job profile of Junior Technical Assistant demands that the candidate should have enough exposure to the subjects as mentioned in the recruitment rules and accordingly the answering respondent has been recruiting the candidates for the post of JTA, who have a Degree in Agriculture or who have studied the required subjects i.e. Chemistry, Zoology or Bio-Chemistry during all semesters/ years in their curriculum. Neither the studying of subjects in a few semesters as subsidiary subject nor having the terms like zoology, chemistry or bio-chemistry as suffix or prefix to some other subjects shall render the purpose of the advertisement fruitful and any deviation from the norm could not be entertained.