RAM PRASAD Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition has been filed against the judgment and order dated 16th July, 2003, passed by the learned Central Administrative Tribunal setting aside the appointment of the present petitioner and issuing direction to the respondents to reconsider the whole case including the candidature of the respondent No. 4 in this petition.

(2.) FACTS and circumstances giving rise to this case are that one vacancy of EDDA -EDMC, Shukulpur (Bharatganj), Allahabad became vacant on 5 -12 -1996. Three names were requisitioned from the Employment Exchange, Allahabad in 1997. However, the department considered it proper to invite the applications from the open market. For the same post advertisement was issued in the local newspapers having wide circulation in the area. In response thereto, large number of people had applied and there applications were considered.

(3.) SHRI A.S. Diwakar, learned counsel for the petitioner has submitted that as the respondent No. 4 has not applied as fresh in pursuance of the advertisement in the local newspapers, his candidature has rightly been rejected by the authority concerned at the time of appointing the petitioner and there was no justification for the learned Tribunal of set -aside the appointment of the petitioner.