GIRDNARI LAL Vs. CENTRAL COUNCIL FOR RESEARCH

JUDGEMENT

(1.) Admitted facts of this case are that petitioner applied in response to an Employment Notice for the post of Urdu Assistant (Translator) with the Central Council for Research in Unani Medicine (hereinafter referred to as the 'Central Council'). He appeared for written test and thereafter has appeared in the viva voce. He has not been selected. Post was against re-advertised. After his non-selection, petitioner filed SWP No. 145/96 which came up for consideration before the Court and was disposed of on 2.12.1999. This order of the Court was in the following terms :-

(2.) In the aforesaid background this writ petition has been filed seeking a Mandamus to the respondents to appoint the petitioner for the post of Urdu Translator advertised on 6.12.1993 and subsequently for which this Court vide its order dated 2.12.1999 directed the respondents to consider the case of the petitioner. Non-selection of the petitioner, according to him, cannot be sustained because no criteria was fixed for selection to the post in question as to what were the points fixed for written test and of viva. In the absence of such rules/guidelines, the entire selection process is vitiated.

(3.) Petitioner further alleges that he having not been called when he applied in response to 2nd and 3rd advertisement is an act of mala fide intention. Reason given for his such apprehension is that respondents appointed somebody from their own kith and kin or some unterior consideration, thus Article 16(4) of the Constitution of India stands infringed. Direction of the court as aforesaid was not followed by the respondents. He further stated that being single scheduled caste candidate he was entitled to be appointed because he was duly qualified and possessed the minimum qualification prescribed for the post in question. In this background a prayer is made for allowing the writ petition.