DIRECTOR GENERAL CSIR Vs. RUMA CHAKRABORTY

JUDGEMENT

(1.) The order of the learned Tribunal below directing appointment forthwith on the basis of select list of 1992 pursuant to the advertisement No.1/90 with a rider of giving seniority over the candidates appointed as Junior Technical Assistant from any panel prepared after 1992 panel, whether was justified under the constitutional provisions of law read with circulars/letters of the department concerned, is the question involved herein in the writ application due to assailing of the impugned order of the Tribunal dated 29th, April, 2003 passed in original application No.1043 of 1997 by the Director General, CSIR & Anr. who are the writ petitioners herein.

(2.) To answer the issue the factual foundation of the matter and the different circular letters of the department, are required to be dealt with first.

(3.) It is an admitted position as it appears from the respective affidavits filed before this Court by the respective parties and before the learned Tribunal below in connection with original application above referred to that the respondent No. 1 Smt. Ruma Chakraborty stood first from general category candidates in the selection process for recruitment to the post of Junior Technical Assistant in the pay scale of Rs. 1400-40-1800-UD-50-2300 as started following advertisement No. 1/90 issued by Central Glass & Ceramic Research Institute, Calcutta-700032 who is the Writ petitioner herein, declaring thirteen number of vacancies which was categorised as 7 posts for general category candidate, 3 posts for schedule caste candidates and 3 posts for schedule tribe candidates. The report of the selection committee dated 12th March, 1997 recommending appointment of candidates of general category vacancies for the said post reads such: Central Glass & Ceramic Research Institute Calcutta-32 Ref. No.A-3(3-A)/90-R&C date and time of interview: 3rd, 4th &, 5th March, 1992 at 10-00 A.M every day Place of interview: Central Glass &, Ceramic Research Institute, 196, Raja S. C. Mullick road, Calcutta-32 Report of the Selection Committee (Annexure 'A') appointed by the Research Council of Central Glass & Ceramic Research Institute for selection of candidates for recruitment to the post of Junior Technical Assistant in the pay scale of Rs. 1400-40-1800-EB-50-2300 against advertisement No.1/90 (CGCRI). Number of vacancy: 13(thirteen) posts Reservation: 3 (three) posts for Schedule Caste and 3 (three) posts for Schedule Tribe candidates 1601 (sixteen hundred and one) applicants( ST-10, SC-127 and OC- 1464) were received in response to advertisement No. 1/90 (CGCRI) Out of 1601 applicants 155 (ST-7, SC-42 and OC-106) applicants, who were considered most suitable have been called for interview (Annexure'B') and 86 candidates appeared before the Selection Committee (Annexure 'B') We recommend appointment of the candidates in order of merit as under: <FRM>JUDGEMENT_188_CALLT2_2010Html1.htm</FRM> None of the Candidates is related to us Members Chairman (Abdus Salem) (D. Chakraborty) (S. Barma) (B. C. Bhattacharya) (P. K. Gangopadhyaya) (R. K. Banerjee) (B. M. Agarwal) (H. S. Maiti) (M. Chakraborty) Approved (B. K. Sarkar) Director