KARMENDER KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant of this OA is aggrieved by the respondents not having allocated him the Post/Department, consequent upon of his selection in the Combined Graduate Level Examination, 2010, and in their not finalizing his result along with other candidates, whose result was initially made provisional along with the applicant. The respondents had issued from the Staff Selection Commission (SSC, in short) an Advertisement published in the Employment News/Rozgar Samachar dated 30.10.2010 for holding a two TIER Combined Graduate Level Examination, 2010, for recruitment to different posts for which Graduation from a recognized University is the minimum requirement, and closing date of applications was 1.10.2010. The applicant applied in response to that advertisement under OBC category, and was issued an Admit Card for appearing in the TIER I Examination scheduled on 16.05.2010, which date had been notified in the Advertisement itself. The applicant haying qualified in the TIER -I Examination, he was called by the respondents to appear in the TIER -II Examination also, in which also he claims to have appeared under OBC category. These two examinations were to be followed by an interview/skill test, and the applicant was called to appear in the Skill Test also through Annexure A -2 dated 12.10.2010. At the time of the applicant appearing in the Skill Test, the respondents also scrutinized the documents of the candidates and the applicants original documents were also scrutinized.

(2.) AS the OBC certificate produced by the applicant had been issued by the Naib Tehsildar, Kanina, Mehender Garh on 15.10.2008 through Annexure A -2B (page -20 of the OA), the respondents raised objections stating that the certificate issued by the Naib Tehsildar cannot be accepted as a valid certificate, in view of the specific requirements, as mentioned in Annexure A -VII of the Application Form. The applicant has submitted that the respondents have failed to notice that the certificate produced by him had been issued by an Executive Magistrate, and it was, therefore, a valid certificate. Subsequently on 15.11.2010, through Annexure A -3, the applicant had even got the said certificate countersigned by the Tehsildar, as well as by the Sub -Divisional Magistrate concerned on 23.11.2010.

(3.) AGGRIEVED by this action of the respondents, the applicant approached the concerned authorities to know the exact reasons for their having treated his result also as provisional, along with the 141 others. He was informed that the matter was under consideration, and the needful would be done without any delay. Thereafter, on 08.07.2011 through impugned order Annexure A -1, the respondent Nos. 2 and 3 considered the held back 142 provisional cases of the said examination, and released the rank number/post/department in respect of 93 candidates, who had been declared to have been selected finally. The applicants name was not included among these 93 candidates declared as finally selected.