PRANAV KUMAR SINHA Vs. UNION OF INDIA

JUDGEMENT

(1.) GAJENDRA Kumar Jha, Sarvadeo Singh, Addl. Central Govt. Counsel appearing on behalf of the respondents.

(2.) THE matter relates to the appointment of Extra Departmental Branch Post Master (E.D.B.P.M.) of Utarnama E.D.B.P.O. The process started with an advertisement issued on 5.5.1998. In response to that advertisement the Employment Exchange forwarded the names of both the petitioner and respondent no. 5 to the departmental authorities. The petitioner was selected for appointment though respondent no. 5 had higher marks in the matriculation examination. Respondent NO.5 made a representation before the Director of Postal Services, Bihar Circle, Patna to review the selection process 'and to cancel the appointment of the petitioner and to direct for his appointment to the post.

(3.) FOLLOWING the ORDER :of the Director, Postal Services, a second advertisement was issued on 10.2.1999. The petitioner challenged the ORDER :canceling his appointment before the Tribunal in O.A. No. 62 of 1999. and sought an interim ORDER :of stay against any fresh selection process for appointment to the post. He failed to get an interim ORDER :and though O.A. No. 62 of 1999 remained pending before the Tribunal, the departmental authorities proceeded with the selection process and issued the second advertisement on 10.2.1999. Notwithstanding the pendency of his application before the Tribunal, the petitioner took part in the selection process. It is not clear whether respondent no. 5 was similarly a candidate in the second selection process.