USHAKUMARI K T Vs. UNION OF INDIA

JUDGEMENT

(1.) These connected Writ Petitions are filed against the orders issued by the Tribunal on original applications filed by petitioners and some others who are aspirants for appointment to the post of Assistant in the Passport Office. Admittedly, petitioners are applicants in the 25 per cent quota provided for promotion from UDC to the post of Assistant through selection process. The posts were notified vide Ext.P2 produced in W.P.C. No. 5031 of 2010. The eligibility for candidates for participating in the examination, that is qualifying service was reckoned with reference to the last date for making application for the examination. The department initially did not accept the qualifying service claimed by petitioners for writing the examination. However, through interim orders passed in the O.As. filed by the petitioners, the Tribunal permitted the petitioners to write the departmental examination. It is submitted that once results were published, all the petitioners were promoted as Assistants based on the rank list prepared after the examination. Out of the total vacancies of 113, 112 vacancies are already stated to have been filled up with candidates already selected based on the examination conducted on 23.11.2008. The Tribunal, however, noticed that other candidates who had approached the Tribunal also were qualified to write the very same examination, but could not participate on account of department's refusal to recognise their qualifying service. Therefore Tribunal issued direction to the Government to hold another examination for those candidates who were denied opportunity to write the examination conducted on 23.11.2008 and accordingly another examination was held in which all those candidates who were denied opportunity in the first round were allowed to participate. The examination is over and results are awaited. The Tribunal has made further direction that once rank list is prepared after the examination presently held, it should be consolidated with the earlier rank list and common rank list has to be drawn up. Fresh appointments have to be made and seniority necessarily has to be refixed based on the combined rank list to be prepared by the Government. Writ Petitions are filed against these directions issued by the Tribunal. We have heard counsel appearing for the petitioners, standing counsel appearing for the Central Government and the counsel appearing for the party-respondents.

(2.) So far as the eligibility of the petitioners and others declared by the Tribunal is concerned, the order was challenged before this Court and a Division Bench of this Court in WPC 18923 of 2009 confirmed the same. This is only in respect of one O.A. and it is not known whether any other Writ Petition filed by the Department is pending before this Court. Standing counsel submitted that SLP is filed against the judgment of this Court. In any case, in view of the Division Bench judgment above stated, there is no need for us to again consider the qualifying service or eligibility of all the candidates who were permitted to write the examination under interim orders of Central Administrative Tribunal and those whose eligibility is declared by the Tribunal through final orders. Even though petitioners contended that since they are already appointed, the rank list being prepared, the next selection based on examination held under orders of the Tribunal should not be combined with their rank list, we do not think we can accept this contention because Tribunal has only ordered holding of another examination only because of denial of opportunity to write the examination by qualified persons by department. In other words, Tribunal has ensured that all those persons eligible to write the examination held on 23.11.2008 should be permitted to participate in the examination and for this purpose, the Tribunal has ordered supplementary examination. We therefore do not find any ground to interfere with the orders of the Tribunal permitting all qualified persons to write the examination as on the date notified for selection. So much so, we uphold the order of the Tribunal directing declaration of results of such of the persons who were allowed to write the examination under orders of the Tribunal and who were found eligible to write the examination held on 23.11.2008.

(3.) Counsel appearing for the contesting respondents submitted that vacancies subsequently arising should also be reckoned for filling up the posts with candidates who got arrayed in the rank list in the two examinations. We do not think there is any justification for this Court to order filling up of vacancies arising after Ext.P2 notification because for those vacancies persons qualifying later will also be eligible to write the examination along with some of whom who have written the examination earlier and could not get promotion to the post of Assistant. So much so only notified vacancies could be filled up from out of the candidates arrayed in the combined rank list based on the two examinations held as ordered by the Tribunal. There will be direction to the Department to publish the result of examination held and recast the rank list and make appointments. Those promoted will continue until final orders are issued based on combined rank list prepared by the department. W.P.Cs. are disposed of as above.`