SULINDER KUMAR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Civil Misc. No. 12796 of 2006 is allowed. Order dated July 29, 2005, of the Central Administrative Tribunal, Chandigarh Bench, Chandigarh, is taken on record subject to all just exceptions.

(2.) The petitioner responded to an advertisement inviting applications for appointment against 60 posts of sweepers. In the course of the selection process, he was allowed to participate in a physical test on 15.3.2002, and thereafter, in the written test on 16.3.2002. When the result of the process of selection was declared, the name of the petitioner did not figure amongst the selected candidates, although he had allegedly qualified the physical fitness test, as also, the written test. The result of the process of selection, in which the petitioner had competed, was impugned by some of the unsuccessful candidates before the Central Administrative Tribunal, Chandigarh Bench, Chandigarh. The aforesaid challenge was adjudicated upon by the Tribunal in Original Application No. 380/PB/2005 on 29.7.2005, wherein the Tribunal approved the process of preparing the select list by asserting that the same was in consonance with the order passed by it in Original Application No. 1174/PB/2002, which was decided on 19.1.2004.

(3.) Having approved the lists prepared by the respondents consequent upon the finalisation of the selection process, the Tribunal, while deciding Original Application No. 380/PB/2005, recorded a finding of fact, namely, that the select list only depicted the selection of 53 persons as against 60 posts which had been advertised. So as to allow the petitioner to reap the benefit of the remaining 7 posts, directions were issued by the Tribunal on 29.7.2005 to consider the candidature of the petitioner against the remaining posts. Despite the aforesaid directions, the petitioner was not favoured with an offer of appointment.