B CHANDRA MOULI Vs. K JAYAPRAKASH

JUDGEMENT

(1.) Aggrieved by the judgment of the Central Administrative Tribunal, Hyderabad (for short "the Tribunal"), the unsuccessful 4th respondent in O.A.No.763 of 1995, dated 6-3-1998, filed the present writ petition.

(2.) The 1st respondent herein is the applicant before the Tribunal. The O.A, was filed challenging the selection of the petitioner herein as Branch Post Master (BPM).

(3.) The facts of the case, in brief, are that the post of Branch Post Master at Chinnakodepak branch post office had fallen vacant on 18-4-1995. Since the Employment Exchange did not respond, the appointing authority has issued a open notification on 8-3-1995. In total 7 applications have been received out of which 4 applications were found in order. The applicant before the Tribunal as well as the petitioner herein were matriculates. The minimum qualification required for the said post is pass in 8th Standard. Undisputedly, the applicant had secured more number of marks in Intermediate. However, the case of the applicant was not considered and the writ petitioner was selected on the ground that he is a candidate belonging to Scheduled Caste, which was challenged by the applicant before the Tribunal. The Tribunal having agreed with the contentions of the applicant allowed the O.A., set aside the selection and appointment of the writ petitioner as ED.BPM and further directed the official respondents to finalize the selection of the candidate from among the persons who responded to the notification. However, the writ petitioner was allowed to continue in the said post as a provisional candidate. Hence, the writ petition.