A JANARDHANA Vs. UNION OF INDIA

JUDGEMENT

(1.) Challenging the order of the Central Administrative Tribunal in O.A.No.779 of 2002 (dated 29.6.2004) in and by which the Tribunal set aside the selection of the petitioner, the writ petitioner has filed this Writ Petition.

(2.) Brief facts are that the 2nd respondent issued a notification on 22.2.2002 calling for applications from the candidates belonging to OBC community for the post of Gramin Dak Sevak Branch Postmaster, Tellur. The petitioner submitted application along with the required particulars, Income Certificate and the Property Certificate. Candidates were called for verification of original documents on 18.7.2002. 13 candidates attended the verification of documents. The petitioner was selected for the post of GDS Branch Postmaster. The 3rd respondent, who also submitted his application and participated in the documents verification, was not successful, as he has not submitted the source of income to be certified by the Officer. Being not selected and aggrieved over the process of selection, the 3rd respondent challenged the selection of the petitioner in O.A.No.779 of 2002 contending that the Income Certificate is not mandatory and that as per the decision of the Division Bench of the Madras High Court that requirement regarding possession of property and adequate means of livelihood are not required qualification. In the application before the Tribunal, the petitioner entered appearance and contested the matter. By the Order dated 22.1.2003 in O.A.No.779 of 2002, the Tribunal held that the respondents are not justified in adopting the economic criteria of production of Income/property certificate for selection to a civil post and that merit alone should be the criteria for selection to any civil post. On those findings, Tribunal quashed the order of selection of the petitioner dated 18.7.2002 and directed the Official respondents to consider the case of 3rd respondent for the post of GDS Branch Postmaster, Telllur.

(3.) Being aggrieved by the said order of the Tribunal dated 22.1.2002, both Union of India as well as the petitioner filed writ petitions in W.P.Nos.6027 and 18704 of 2003. After referring the decision of Supreme Court in Indira Sahney vs. Union of India,1992 Supp3 SCC 213, by the Order dated 24.11.2003, Division Bench allowed the Writ Petitions setting aside the order of the Tribunal and remitted the matter back to the Tribunal.