JEYESH Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND ORS.

JUDGEMENT

(1.) THE Petitioner in O.A. 453 of 1997 on the file of the Central Administrative Tribunal, Ernakulam Bench has challenged the order dated 18th July 1997 by which the prayer to quash the selection held on 26th March 1997 to fill up the post of Extra Departmental Delivery Agent (E.D.D.A.), Mynagappally Branch office was dismissed.

(2.) FOR a single post of E.D.D.A. in Mynagappally Branch Post Office, the Subdivisional Inspector of the Department of Posts, Mynagappally conducted a selection on 26th March 1997. He notified the vacancy to the local Employment Exchange and considered the candidates sponsored by the Employment Exchange. The third Respondent herein was also considered on the basis of a direction of the Tribunal in O.A. 416 of 1997 though he was not sponsored by the Employment Exchange. The vacancy was not published in any newspaper or electronic media. The third Respondent was selected for the post. The Petitioner contended that he came to know of the selection only on 26th March 1997. He is eligible to be considered for appointment to the post. He was not sponsored by the Employment Exchange. But he requested to cancel the selection on the ground that it was made contrary to the law laid down by the Supreme Court. He also made a prayer to conduct a fresh selection in accordance with law. That was rejected by the postal authorities as well as by the Tribunal.

(3.) THE only point for consideration is whether the recruitment process resorted to by the second Respondent herein is vitiated by any illegality. The Letter No. 45 -22/71 -SPB. 1/Pen, dated 4th September 1982 of the D.G. P. and T. lays down that the Government have decided that the appointment of E.D.D.A. should be made through Employment Exchange. In case no nominations are received from the Employment Exchange regarding the candidates as per requirements or if any of the candidates sponsored by the Employment Exchange is not found suitable as per prescribed conditions of eligibility, it would be open to the competent authority to make selection from other applicants in accordance with the existing procedure. One of the eligibility criteria for the applicant is that he must be a permanent resident of the village where the post office is located or proposed to be located. Admittedly, there was only one post of E.D.D.A. That post had to be filled up only from among the applicants who have got permanent residence in the village and not anybody else of any other place. In this background it is to be seen whether any such wide publicity through newspapers and electronic media was essential.