SAVITA MANOHAR WANKHEDE Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition seeks to challenge order dated 03.12.2014 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal') whereby the original application filed by the petitioner has been dismissed.

(2.) Mr. Mahendra Shah, learned counsel for the petitioner argued that the Tribunal has taken a hyper technical view of the matter inasmuch as the petitioner produced her own caste certificate at the time of interview which pertained to the period anterior to the advertisement. It was owing to the inadvertent mistake on the part of the petitioner that she submitted caste certificate of her grandfather, who was also a member of Scheduled Caste and therefore the petitioner would also carry the same caste. It is therefore prayed that this writ petition as also original application be allowed, particularly when the cut off marks for appointment under SC category on the aforesaid post were 57.97% and the petitioner secured 61.05% marks.

(3.) In the present case, Clause 8.10(ii) of the advertisement clearly provided that in case of SC/ST/OBC candidates, a certificate of the appropriate authority, of their belonging to SC/ST/OBC categories should be submitted in accordance with the draft format for SC/ST enclosed as Annexure- I and for OBC as Annexure-II with the advertisement. Admittedly, the petitioner failed to submit the required SC certificate in the provided format with her application form. Clause 8.10(vi) provided that application received without above enclosure or with extra enclosures shall be rejected summarily. Clause 8.10(ix) also provided that any certificate, photograph etc. received separately, subsequent to the receipt of application will not be entertained. Clause 8.11(viii) also provided that the application without proper certificates, in respect of SC/ST/OBC and/or Physically Handicapped will be summarily rejected. Clause 10.7 further provided that before applying for any post, the candidate should ensure that he/she fulfills the eligibility and other criteria. The RRC-NWR shall reject applications not fulfilling the requisite criteria, at any stage of recruitment, and if erroneously appointed, such candidates shall be liable to be summarily removed from service. In view of the aforesaid emphatic conditions provided in the advertisement, there should be no place for the candidates, who are not vigilant about their own rights. We do not find any infirmity in the order passed by the Tribunal, particularly when the selection process pertains to the year 2010 and a long period of 8 years has been lapsed.