AWADHESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) HEARD Mr. Pushkar Narain Shahi, learned counsel for the petitioner, and Mr. Sanjay Kumar, learned counsel for the Union of India.

(2.) THIS writ application is directed against the order/judgment dated 30th September, 2004 passed in O.A. No. 770 of 2002 by the Central Administrative Tribunal (hereinafter to be referred to as "Tribunal"), whereby and whereunder the application filed by the present petitioner was dismissed.

(3.) IT is contended by Mr. Pushkar Narain Shahi, learned counsel for the petitioner that the petitioner had applied well within time directly before the Superintendent of Post Offices, Purnea and since he had secured the highest marks he was appointed on the post of Extra Departmental Branch Post Master, as suitable candidates of Scheduled Tribe category were not available, Mr. Shahi, learned counsel, further contended that such provisions have been given in the advertisement that in case, the suitable Scheduled Tribe candidates are not available, persons of other categories may be appointed directly on merit and since the petitioner had secured the highest marks, he was appointed on merit in absence of the Scheduled Tribe candidates. He also tried to emphasise that the Superintendent of Post Offices, Purnea in course of inquiry had stated before the inquiry officer that he had received the application of the petitioner on 17.6.2000 prior to cut -off date i.e. 21st of June, 2000, but by mistake, the same was docketed on 3rd of July, 2000 by the office staff. Learned counsel while summing up his submissions stated that there was no question of malpractices on the part of the petitioner nor it can be said to be a case of back -door entry.