GHANSHYAM LAL KALA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ petition filed under Article 226 and 227 of the Constitution of India, the petitioner is challenging the validity of judgment dated 30th January, 2002 passed by the Central Administrative Tribunal Jodhpur Bench, Jodhpur in Original Application No.53/2001, by which, learned Tribunal has set aside the selection of petitioner on the post of EDBPM while following the earlier judgment dated 22nd October, 2001 passed by the Central Administrative Tribunal in Original Applications No.50/2001 and 51/2001. The judgment impugned reads as under: The law on the point has been elaborately discussed in the aforesaid judgement and we find that the case of the applicant is fully covered by the said judgment.

(2.) Giving benefit of the aforesaid judgement of the applicant and taking into consideration the admitted portion that the marks of the applicant were higher than respondent No.5 is the High School, we allow this OA and direct the respondents that after selecting the candidate on the basis of marks obtained in the S S L C (Matriculation) Examination, the selected candidate may be asked to fulfill the requirement of property/income certificate etc. within a period of three months.

(3.) Upon perusal of the above judgment, it is revealed that direction has been issued by the Tribunal to the respondents that first selection shall be made on the post of EDBPM and after selection candidate may be asked to fulfill the requirement of property/income certificate etc. within a period of three months, which is not correct as per rules of the department.