Central Administrative Tribunal - Allahabad
Ravi Kumar Sharma Son Of Shri Ram Khiladi ... vs Union Of India Through Secretary on 12 October, 2015
OPEN COURT CENTRAL ADMINISTRATIVE TRIBUNAL ALLAHABAD BENCH ALLAHABAD Dated: This the 12th day of October 2015 HONBLE DR. MURTAZA ALI, MEMBER J HONBLE MR. U.K. BANSAL, MEMBER -A Original Application No. 330/01387 of 2015. Ravi Kumar Sharma son of Shri Ram Khiladi Sharma R/o P.O. Garu, Tehsil Kathumar, District Alwar (Rajasthan). . . . Applicant By Adv: Shri R.D. Yadav/Shri Ram Krishna V E R S U S 1. Union of India through Secretary, Ministry of Defence, New Delhi. 2. General Manager, Ordnance Clothing Factory, Shahjahanpur. 3. Works Manager (Administration) Ordnance Clothing Factory, Shahjahanpur. . . .Respondent By Adv: Shri Vinod Mishra O R D E R
By Honble Dr. Murtaza Ali, Member J Heard Shri Ram Krishna, counsel for the applicant and Shri Vinod Mishra counsel for the respondents.
2. The applicant has filed this O.A. for quashing the impugned order dated 2.9.2015 by which the provisional selection of applicant for the post of Senior Nurse Grade II has been rejected on the ground of non-fulfilment of essential educational qualification.
3. It is stated that in pursuance of advertisement dated 27.7.2013 and 2.8.2013 the applicant applied for the post of Senior Nurse Grade II. He appeared at the Written Examination held on 22.3.2015 and he was provisionally selected for the said post. He was called for verification of original documents on 23.3.2015, but his candidature for the said post has been cancelled on the ground of alleged non-fulfilment of essential educational qualification.
4. The advertisement dated 27.7.2013 and 2.8.2013 (Annexure A-2) shows that the essential qualification for applying for the post of Senior Nurse Grade II was passing of 10+2 or equivalent examination with Science subjects. It is an admitted fact that the applicant had not passed Intermediate Examination with Science subject and in Senior Secondary Examination 2007 (Annexure A-7) he opted Hindi, Political Science, Geography, English and Sanskrit but he did not opt Science subject in standard XII. No doubt, due to carelessness of the department he was permitted to appear in the written examination, but it does not accrue any right to the applicant for appointment on a post for which he does not possess the essential educational qualification.
5. We do not find any merit in the O.A. as the applicant has no legal right to be appointed on the post of Senior Nurse Grade II owing to non-fulfilment of essential education qualification. Accordingly O.A. is dismissed at the admission stage itself. No order as to costs.
Member (A) Member (J)
Manish/-
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