CHITTARANJAN KAR Vs. UNION OF INDIA

JUDGEMENT

(1.) B . PANIGRAHI, J. : - 1. This writ petition has challenged the legality, propriety and validity of the order passed by the Central Administrative Tribunal, Cuttack Bench, Cuttack in Original Application No. 606 of 1998 dated 6 -8 -1999 whereby and whereunder the petitioner's appointment to the post of Extra -Departmental Sub -Post Master (hereinafter referred to as 'EDSPM ')Ratnagiri was set aside and the departmental authorities were directed to consider the case of other seven candidates wherein the candidature of O. P. No. 4 was also considered .

(2.) THE factual matrix of this case lies within narrow compass:

(3.) THE procedure has never been challenged by the O. P. No. 4 as unfair nor there has been any allegation of mala fide attributed against O. Ps 1 to 3. Therefore, as per the judgment of the Supreme Court reported in AIR 1987 SC 1227 : (1987 Lab IC 915), (Union of India v. Hargopal), there cannot be any inflexible or rigid law on this point as because, only the candidates who have been sponsored by the Employment Exchange shall be allowed to participate without inviting application from the general public. The Department can also resort to invite applications from the open market, if the number of candidates sponsored by Employment Exchange are less or if there is any chance of getting better candidates by inviting applications from the general public. In this case, department has set out the following guidelines for filling up the post of EDSPM: