KANTA DEVI Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) Only brief facts are required to be noticed to appreciate the point denoted at the time of arguments. Respondent No. 2 Postgraduate Institute of Medical Education and Research (PGI) advertised one post of clinical Instructor (Psychiatric Nursing) meant for scheduled caste category on 14.9.1990 vide advertisement Annexure P/3. The petitioner who belongs to scheduled caste category applied for the aforesaid post. No final selection regarding that post was made. On 30.6.1991, vide Annexure P/1, two posts of clinical Instructor were advertised including one in Psychiatric Nursing. It was also mentioned in the advertisement that one post was reserved for scheduled caste category. The petitioner again applied for the post meant for scheduled caste category. Respondent No. 4 Smt. Swaran Tomar, was selected for one of the post. This had forced the petitioner to approach this Court Vide another advertisement Annexure P/4, dated 11.4.1992, one post of clinical Instructor (College of Nursing) was advertisement and was meant to be filled from the candidates belonging to the scheduled caste category. The case of the petitioner is that respondent No. 4 could not be selected for the reserved category post of Clinical Instructor (Psychiatric Nursing) which was initially advertised in the year 1990 and was not filled and afresh advertisement was issued. The petitioner being the only scheduled caste candidate and fulfilling all the requisite qualification should have been considered for the reserve category post. The stand taken by the PGI is that of course initially when the post was advertised vide Annexure P/3 the same was meant for scheduled caste category of that post was of Psychiatric Nursing. However, when advertisement Annexure P/1 was issued it was not clarified that out of the two posts which was reserved for scheduled caste category. Respondent No. 4 was selected for the general category post which at that time was treated as Clinical Instructor (Psychiatric Nursing).

(2.) Respondent No. 4 filed separate written statement inter-alia asserting in para 4 that the petitioner was not possessing the requisite qualifications for certain period as mentioned therein.

(3.) After having the counsel for the parties, we are of the affirm view that when initially one post of Psychiatric Nursing was advertised that was meant to be filled from the reserved category of Scheduled Castes and it was that post which was re-advertised by issuing advertisement, Annexure P/1. At that stage it was open to the P.G.I. to unreserve that post and consider candidates of the general category for such a post which was not done while issuing advertisement, Annexure P/L It was not open subsequently to consider any other post for reserved category of scheduled caste. Likewise, subsequently also they could not in order to substantiate their stand describe another post to be filled by the scheduled caste candidate as was done in the advertisement Annexure P/4.