(1.) The judgment dtd. 29/11/2023 passed by the Central Administrative Tribunal, Kolkata, Circuit Bench at Port Blair (for short "the Tribunal") is under challenge in this application under Article 226 of the Constitution of India at the instance of the original applicant in OA 351/01913/2018/AN.
(2.) The original applicant/petitioner herein applied for the post of Craft Teacher under the Department of Education, Andaman and Nicobar Administration in response to a vacancy notice issued by the respondent Administration on April 20, 2015. Out of total 43 posts of teachers, 10 posts were for Tailoring and Embroidery Teachers. Out of the said 10 posts 3 posts were reserved for Other Backward Class category, 3 posts were reserved for Schedule Tribe category and 4 posts were under the unreserved (General) category. The petitioner belongs to general category. She qualified in the selection test and claims to have been placed in the third position in the unreserved general category in the provisional list published by the respondent Administration. Subsequently, the petitioner came to know that she was placed in the fourth position after revision of marks. The petitioner further allege that the respondent Administration has changed the breakup of vacancies by reducing the vacancy for Craft Instructor (Tailoring and Embroidery) in general category from four to three.
(3.) The petitioner alleged that the respondent authorities acted arbitrarily by extending the benefit of appointment in favour of Other Backward Class candidate by keeping the petitioner in the waiting list.