The Central Administrative Tribunal (CAT), Jammu has issued notice to all the selectees and Fire and Emergency Department to the plea filed by the non-selectee candidates and declared the recent selection and appointments of fireman and fireman driver in the department as temporary.
Factual Background
The applicants applied for posts of Fireman/Fireman Driver. By virtue of an advertisement notice issued by respondent No. 4 criteria for the appointment of Fireman/Fireman Driver were laid down. Applicants Bilal Hussain Mir & other filed Original Application challenging the selection list and also appointment order was issued subsequently.
Case of the Applicant
It was argued by the Counsel for the Applicants that: authorities have laid down the criteria for appointment of the posts which was fixed to give undue benefits to certain persons and accorded benefit of time lapse to the candidates in terms of their qualifying age which the said authority was not having competence to issue such notice.
It was further argued that in order to give undue benefit to the selectees, the question paper was leaked either one day before the schedule or quite early in the morning via the medium of Whatsapp so the selection list under challenge is one of the grounds.
Also contended was the fact that some selectees as shown in the select list are either underage or overage and therefore, could not have been selected and their appointment was a result of having relatives working in the Fire & Emergency Department reflecting on ‘favouritism’ in appointment.
It is also averred that selection list has been issued in violation of the principles as the officials while making the selection has brushed aside the higher qualification of the applicants and selected the appointees who possessed low educational qualification.
Decision of CAT
The bench consisting of Hon’ble Mr. Rakesh Sagar Jain and Hon’ble Mr. Anand Mathur after hearing the non-selectee candidates issued notice to all the selectees and the department also for filing of counter affidavit to the contentions raised by the aggrieved candidates with regard to selection list.
In the meanwhile, as an interim relief for the petitioners, put the selection list as also the appointments made therein subject to outcome of the case.
“The applicants admittedly possessed higher qualification than some of the selected candidates figuring at serial no. 1, 5, 6, 213, 277, 313 in the open merit list and S. no. 103 in RBA category list, who are either 8th , 10th , 12th pass but have secured higher marks in the open merit”, read the order.
“Hence the present petition seeking quashing of impugned selection list and appointment order and the interim relief for staying the operation of both till disposal of the petition”, the bench mentioned.
Fresh Petition
A fresh petition challenging the selection list and the subsequent appoitnment orders have been moved by 258 candidates, which is likely to come on board in this week itself.
Case Details
Bench: Hon’ble Mr. Rakesh Sagar Jain and Hon’ble Mr. Anand Mathur
Name: Bilal Hussain Mir & Ors. v. D/o Fire & Emergency Services UT of J & K
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