ARCHANA SINHA WIFE OF BIR BAHADUR SINGH Vs. UNION OF INDIA THROUGH DIRECTOR GENERAL, EMPLOYEE&APOSS STATE I NSURANCE CORPORATION

JUDGEMENT

(1.) These two writ petitions are directed against a common order dated 14.10.2009, passed by the Central Administrative Tribunal, Patna Bench, in OA No. 150 of 2009, and OA No. 158 of 2009, whereby the original applications preferred by the writ petitioners have been dismissed. The appointments of the writ petitioners have been cancelled on the ground that they had been so appointed in pursuance of a seriously defective selection process. Both the writ petitions relate to the same selection process. We shall draw the basic facts from CWJC No. 16149 of 2009, except by specific reference to the other writ petition.

(2.) A brief statement of facts essential for the disposal of the writ petitions may be indicated. The respondent authorities had issued advertisement on 21.9.1007 (Annexure 1), inviting applications for appointment of Staff Nurses as well as Members of Para-Medical Force. We are here concerned only with the recruitment of the Staff Nurses. The advertisement stated that 33 Staff Nurses were to be appointed. The writ petitioners appeared at the written examinations held on 16.12.2007, and the results were published in the newspapers, a photocopy of one such result is marked Annexure-3 to the writ petition. Appointment letters were issued to the petitioners on 31.3.2008 (Annexure 4 series). They joined on different dates in April 2008. It is relevant to state that the petitioners were under training and on probation for a period of two years. It is also relevant to mention that the respondent authorities selected 33 candidates, but only 23 of them joined. The Director (M.A.) of the respondent Employees' State Insurance Corporation addressed his letter dated 11.2.2009, to respondent No. 5, wherein the following instructions were conveyed:

(3.) Hold a fresh examination for filling up the posts of staff Nurse and para-medical staff under the supervision of Recruitment Cell, Hqrs. Office.