Central Administrative Tribunal - Ernakulam
Chithra S vs The Director Sree Chitra Tirunal ... on 4 August, 2023
1 O.A No. 180/00905/2019
CENTRAL ADMINISTRATIVE TRIBUNAL
ERNAKULAM BENCH
O.A No. 180/00905/2019
Friday, this the 4th day of August, 2023.
CORAM:
HON'BLE Mr. JUSTICE SUNIL THOMAS, JUDICIAL MEMBER
HON'BLE Mr. K.V. EAPEN, ADMINISTRATIVE MEMBER
Chitra S., aged 37 years,
D/o. N. Surendran,
Staff Nurse Grade -B,
Sree Chitra Tirunal Institute for Medical Sciences and
Technology, Thiruvananthapuram.
Residing at Chithra Bhavan, Kiralikuzhay,
Mulayara P.O., Thiruvananthapuram - 691 543. - Applicant
[By Advocates : Mr. P.V. Mohanan &
Mr. R.V. Sujit Kumar]
Versus
1. The Sree Chitra Tirunal Institute for Medical Sciences and
Technology represented by its Director,
Thiruvananthapuram - 695 011.
2. Union of India represented by Secretary,
Ministry of Social Justice and Empowerment.
Lok Sabha Secretariat, New Delhi - 110 001.
3. Rajitha R.V. Staff Nurse-B, Sree Chitra Tirunal Institute for Medical
Sciences and Technology, Thiruvananthapuram - 695 011.
4. The Chairman, The Scrutiny Committee for Verification of Community
Certificate constituted vide Act 11 of 1996.
(The Secretary, Scheduled Caste/Scheduled Tribe Development
(G) Department), Government Secretariat,
Thiruvananthapuram - 695 001. - Respondents
(R-4 impleaded vide order dated 27.02.2020 in MA/164/2020)
[By Advocates : Mr. V. Sajith Kumar for R-1
Mr. Sreenath S., ACGSC for R-2
Mr. M. Jayakrishnan for R-3 &
Mr. Baijuraj G., GP for R-4 ]
The Original Application having been heard on 04.08.2023, the Tribunal
on the same day delivered the following:
2 O.A No. 180/00905/2019
O R D E R (Oral):-
Per: Mr. Justice Sunil Thomas, Judicial Member The first respondent issued Annexure A-4 notification inviting applications from Scheduled Tribe candidates to fill up one post of Ward Sister. Three candidates including the applicant herein, 3 rd respondent and another person were shortlisted. They were interviewed on 31.08.2019.
2. Apprehending that the 3rd respondent, who is above the applicant in the list is likely to be appointed, the applicant has approached this Tribunal seeking the following reliefs:-
"i. To direct the respondent No.1 to appoint the applicant to the post of Ward Sister in the scale of pay of Rs. 47600-151100/- set apart for Scheduled Tribe candidates in Sree Chitra Tirunal Institute for Medical Sciences and Technology forthwith all consequential benefits.
ii. To declare that the 3 rd respondent is not eligible to be considered for selection and appointment to the post of Ward Sister set apart for Scheduled Tribe candidates on roster point reservation as the 3rd respondent does not belong to Scheduled Tribe candidates as defined under Act 108 of 1976."
3. The basic premise on which the O.A is built up is that the 3 rd respondent does not belong to Scheduled Tribe. The Caste Certificate produced by the 3 rd respondent cannot be accepted. Essentially, detailed pleadings have been made on the question regarding the mode of inquiry adopted by the 1 st respondent on the disputed question of fact regarding the status of third respondent and also the question as to whether the 3 rd respondent is a Scheduled Tribe herself. It seems that the several judicial precedents are referred to by either side. An interim stay was granted by this Tribunal at the threshold itself on 17.12.2019 against taking any decision on the filling up of the above vacancy and the matter has been pending from the date of inception. After hearing all the 3 O.A No. 180/00905/2019 parties concerned for quite some time, we take note of the fact that the selection process was progressing when the O.A was filed. No decision has been taken by the 1st respondent on the question as to who among the three candidates is to be selected. The learned counsel for the applicant has raised the question status of the 3 rd respondent as a Scheduled Tribe, virtually, at this stage, we are called upon to decide the caste of the 3 rd respondent. If we venture to take any decision on the status of the 3 rd respondent, we will be usurping the authority of the 1 st respondent and Competent Authority under the relevant provision who may be called upon to answer the issue, pre-empting that they may take a wrong decision. Hence, we feel that it is too premature at this stage, when the matter is pending before the 1 st respondent who at present is to take a decision.
4. It was contended by the learned counsel for the applicant that the District Collector is not the Competent Authority and the Scrutiny Committee has to take appropriate decision, the counter argument advanced by the Standing Counsel for the 1st respondent was that they are bound by the DoPT directions in this regard. If the applicant has a specific case that the 3 rd respondent is not a Scheduled Tribe and has objection regarding the modality adopted by the 1 st respondent in conducting an inquiry into the disputed question of status, it is for the applicant to address his objection before 1 st respondent and if so, it is for the 1st respondent to take a call and to take an appropriate decision, having due regard to the law applicable.
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5. As mentioned earlier, since we are convinced that it is too premature for us to delve into the question of Scheduled Tribe status of the 3 rd respondent, which is now pending before the Competent Authority, we deem it fit and proper to leave the entire issue to be decided by the 1 st respondent. Thereupon, the aggrieved person will get a cause of action.
6. Having considered this, we are inclined to close the O.A with a specific direction to the 1st respondent to take an appropriate decision on the entire issue having regard to the Statute, Rules, Regulations and the instructions governing the field. If any representation is submitted by the applicant herein within 10 days from today, that shall also be considered in the light of the rider applicable. It is made clear that the appropriate decision will be taken, if so deemed fit after giving an opportunity of being heard to both sides. It is also made clear that we have not made any observations regarding the rival contentions projected by either side, regarding the status of the opposite side. The right to challenge the appropriate decision taken, either before us or before the competent authority, by the aggrieved person, whoever it may be, is also left open. The interim order stands vacated.
7. The O.A is disposed of as above. No costs.
(Dated, 4th August, 2023)
K.V. EAPEN JUSTICE SUNIL THOMAS
ADMINISTRATIVE MEMBER JUDICIAL MEMBER
ax
5 O.A No. 180/00905/2019
Applicant's Annexures
Annexure A-1- True copy of the community certificate No. B2.15905/05 dated
11.11.2005 issued by Tahsildar.
Annexure A-2- True copy of the notification No.P&A.II/9/SN(P)/SCTIMST/05
dated 17.10.2005 proposing to conduct written test issued by Administrative Officer.
Annexure A-3- True copy of the order No. P&A.II/9/Staff Nurse/SCTIMST/2006 dated 20.04.2006 issued by Director.
Annexure A-4- True copy of the notification P&A.II/456/SSSC/SCTIMST/2018 dated 28.01.2019 issued by Sr. Dy. Director (Admn). Annexure A-5- True copy of the notice P&A.II/SCTIMST/456/SSSC/2018-19 dated 13.08.2019 issued by Sr. Dy. Director (Admn.) Annexure A-6- True copy of the GO(MS) No. 25/2005/SCSTDD dated 20.06.2005 issued by Principal Secretary to Government. Annexure A-7- True copy of the GO(MS) No. 109/SCSTDD dated 20.11.2008 issued by Principal Secretary to Government.
Annexure A-8- True copy of the judgment of the Full Bench of the Hon'ble High Court of Kerala reported in 2005(5) KLT page 119 (Indira v. State of Kerala).
Annexure A-9- True extract of the statutory list contained in the Schedule 2 Kerala State and Subordinate Rules 1958.
Respondents' Annexures Annexure R-1 (A) - A true copy of the Certificate No. B2/15629/05 dated 07.11.2005.
Annexure R-1 (B) - A true copy of the letter No. A3.15566/06/K.Dis dated 09.10.
2006.
Annexure R-1 (C) - A true copy of the letter No. P&A V/PF-1797/1/ SCTIMST/ 2019 dated 18.10.2019.
Annexure R-3(a) - A true copy of the relevant pages of SSLC certificate of the mother of the 3rd respondent dated 10.04.1972.
Annexure R-3(b) - A true copy of the appointment order No. FP1/4142/77 dated 24.10.1977 issued on behalf of District Family Welfare Medical Officer, Kozhikode.
Annexure R-3(c) - A true copy of the certificate dated 09.11.1987 issued by the Village Officer, Achooranam along with its transcribed copy. Annexure R-3(d) - A true copy of the relevant pages of the Admission Register of the 3rd respondent dated 07.06.2004 issued by Headmaster, R.C.L.P, School, Puzhamudi.
6 O.A No. 180/00905/2019Annexure R-3(e)- A true copy of the Community Certificate dated 26.02.2019 issued to Jijimon C.B (husband of the 3rd Respondent) from Thiruvananthapuram Taluk Office.
Annexure R-3(f)- A true copy of the Caste Certificate dated 06.02.2019 issued from Taluk Office, Thiruvananthapuram to the 3rd respondent. Annexure R-3(g)- A true copy of the Caste Certificate dated 18.06.1997 issued by the Tahasildar, Nedumangad Taluk Office to the 3rd respondent. Annexure R-3(h)- A true copy of the report dated 04.12.2019 by the District Collector along with the report of the Village Officer with translation.
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