Central Administrative Tribunal - Kolkata
Smt M Elizabeth vs A & N Admin on 11 September, 2019
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CALCUTTA BENCH, KOLKATA
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(CIRCUIT BENCH AT PORT BLAIR)
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O.A. 208/AN/ 2008
Coram Hon'ble Ms. Bidisha Banerjee, Judicial Member
Hon'ble Mr. N. Neihsial, Administrative Member
Smti M. Elizabeth,
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4. The Chief Secretary,
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5. The Secretary (Personnel),
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6. The Assistant Secretary (Personnel),
A & N Administration,
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8. B. Sony,
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Secretariat, Port Biair.
16. Alok Kumar Bakshi,
Working As Stenographer (OG),
Office of the Executive Engineer,
CD, APWD, Campbell Bay,
17. S. Ramalaxmi,
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IS.Savita Kumari,
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19. Prahlada Kumari P,
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Office of the Executive Engineer (E&M),
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Respondents.
For the applicant Mr. A. Prasanth, Counsel
For the respondents Md. Tabraiz, Counsel
Reserved on : 07.06.2019
Date of Order: u • ^ M
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/ 4 o.a. 208/AN/2008
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ORDER
r/ ?> y/ Per: Bidisha Baneriee, Judicial Member :-^yV r/ This O.A. the applicant has sought for the following reliefs:
"8.a) An order be passed quashing the appointment orders of the private Respondents to the post of Stenographer (OG).
bj An order directing the Respondent authorities to appoint the applicant to the post of Stenographer (OG).
c) An order directing the Respondent authorities to grant all the benefits consequential and monitory tojhe applicant
d) An order directing Wk respbndentfdutfioritie'sHo act in accordance 'v with law. < % iSr " ' \ An (Brsiirio issue d^tinffWe%s^mdents toifUrbducekhe records of
e) i the case before this Hoffi-fije tnibunalfeo fflakcpnscious ab/eSjustice may be d°pe-f% dl\ \ II// ^ f\ ff othermrd%^qprlordships c .f i
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23. persons including^this^applicant ^/ere-^ppointed on contract Basis on consolidatedspay Y|3^'<ord^^%5^;t.^lS,1.95f^icp^w^s not to confer any right for regular ap.^bi'nSrnent. The services pf^fhesi persons werej4xtended from.tim4td'etirne wit'h^he same terms and cbnflitiopl^ / jF This ap^licahit preferred OA^W/AN^ffOO against a decisio^to terminate their service and issSati'el&iflofe-a ffesil;AselectLorf noti^cation inviting applications^ commo.n order was passed in^this and^B-other OAs which is asunder: " •, "The respondents areWrecWdWeqfant by way of one time relaxation another chance to the applicants to appear at a test in Shorthand and Typewriting with the requisite speed as per the old Recruitment Rules. Such examination is to be conducted by a Selection Committee to be constituted by the competent authority. The applicants will be at liberty to appear at the said test. Such of the applicants, who will qualify in the said test, shall be regularized by the respondent authorities w.e.f the date of their passing such examination and they shall be appointed on regular basis. If no vacancy is available, they shall be placed in a panel to be appointed in future vacancy. This order shall not preclude the respondents from complying with the provisions of the reservation roster for ST or other reserved category of candidates."
/ 5 o.a. 208/AN/2008 :( / . y The services of this applicant and 5 other persons were terminated vide order No. 649 dt. 8.2.02 as they failed in the Stenography and Typewriting Test conducted by SSC , as a one time exception. They preferred OA 65/AN/2002, which was dismissed. The orders passed by Hon'ble Court in WPCT 67/03 was as under:
"In the background of these facts, it is not proper on the part of the Administration to terminate the service of the petitioners and appointment another set of employees on daily rated basis without giving the same chance to the petitioners.
In the aforesaid view of the matter and also considering the facts that there are still vacancies, we are of the opinion that justice of the case will be sufficiently me&ifAhi^cpjjrt passes,:and order directing the AdministratiOj^t8^^^f\ippoilltme(^t(^the^ petitioners on the same basis namelyjbn daily rated basis for d-pSipd^of sihmonths from the date ofksuch aDDointment.JTbis court also mdkes it clear that such appointment witLrfOt^Me the aopoihtees any right tOi cBntinue in the said post unlesPthev Qualify thenfsefves, in the reauiar "recruitment £$$5 are, hereby ^aiVin Pthekbetiiion erf a laMth a nee tifapoear in the ^recruitment tesTWhiG&Wf(libeiheldK{bv theMdministration. i While f^ppearinmmrfcmmmmmm^ of TTthe petitimerf^^ndSi&&if!andJhe:Tfet!itioner shoufcFbe allowed *.. Vfefo compieWldn^fhe^sf a/ona :'witk ilfe*-.o0er candidates. Such test 4 # *mdy be. hel^^^e£dSi^sicpfion%sMrly.as possitiffli!?'preferably ! Within a perioS^L^hkfr^^y^ ^ * t t .g Sbjne of the^pliGa5vtprefeVr?®lP^#Sl9/04 thaf/ollbwed. / \ / / \ / ^ As result of'section subsequently hel'd?^)rder;f;f|b. Jw37 24.12.04 was Issued^p^blnting^he^persons mentiSned there^n.^The applicant had prior td^hat submitteb ja represehtationpn 6412.04 that sh^was not called for the sfepogrlpbY 8^ TypeWritinl TesVand requ^stedffbr permission to participate as^a,,speciakcase and to allo_yy^her toj^york on daily rated or contract basis. She'was infofmed'vide'memora,ndUm dt. 15.3.05, that such appointment was given fo^othe^stenographers on a petition by the Hon'ble High Court. The applicant preferred WP 160/05 in WPCT 67/03. It is indicated therein that the applicant was a private respondent in the earlier OA. The orders of the Hon'ble High Court is -
"Accordingly, this writ petition stands disposed of with a direction to the Administration that following the old rules if there is existing vacancy or if vacancy arises in future, the petitioner shail be permitted relaxing her age and qualification to compete with the general candidates."
The applicant was informed that "the directions of the Hon'ble High Court will be complied with in letter & spirit as and when the vacancy arises". A written test was held on 25.11.07 and the successful candidates 6 o.a. 208/AN/2008 i were asking to appear in the skill test. The result of test was published in ?.
February '08 and appointment order was issued vide order No.2118 // dt.4.6.08. The name of the applicant not appear in the list of successful / candidates. The applicant preferred an application under RTI Act and was / 7 informed that merit list of other candidates cannot be supplied. She was also informed -
"3. Smti M. Elizabeth (roll No. 10542) appeared in Stenography and typewriting speed test as per old R.R. vide 4th batch No. SC-I of 25 candidates) on 5.4.2008 at JNRM, Port Blair has attained speed of 67.2 w.p.m. in Stenography and 32.0 w.p.m. in typewriting.
4. The criterion followed for conducting the skill test is based on R.R. and the instructions in the matter being followed by the Admn for conducting the skill test is bpsed on R.R. and the instructions in the matter being follovyed ^byS the..Admn for conducting such examinations/Tthe.Skiii test was conducted at a spepd of 80 w.p.m. in \ stenography>,ahd 40 w.p.m. in typewriting. Lf* % % Th^fwrRecruitmfrt^e^j|ue®Mde notifl^tionpdftf .6.99 vides under Jts Rule 5, the,.;ppwe'rto]relax EclucatidifaJ^and other^qualifications for direct recruit is as^geh^ \ \ f /" \ i ; -*w:
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10 Pa^n^enior^^dMy^chooli^mtificate (Mjfh Std) or
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fii) Sho&td pass'jn^horthuftU and^Typewnting ExamiiTdtionfwith a
speecl^SO^ojlhs^p^r 'minphyp $fi%rthand andQd woids per ?: f \ minute fp0ypewritingjor becoming eligible for appointment to W ■1' the^posf W^uMent tejt^llfhowever, be held in %00/120 hV.
candidates who £ Jhitiafty^p&ss in 80 words per^mintfie .also \nd th4y will be V \ granted dne^or two advance inefemenfsfaccprdingffto whether % %\hey ijualify alrT00/120rWofds per mmutejn Shorthand Test at •r/..
the^ecruitmentfStqgp. After^hey entetfthe ^irvice, they will %Shave^thcee chances id qualify at^higher spied for purpose of earning advanceJocremenUat'fOO of,120 words per minute as the casehmay be in the Shorthqnd'-Test. (Hi) Should qualify in the written examination as well as trade test conducted by the Administration/SSC.
The finally published rule is identical and the selection notification, which was challenged in first round of litigation is issued in terms of this rule.
This Tribunal dismissed the OA vide order dt. 9.9.10 having held as under:
"We have given this matter our careful consideration. We have gone through the lengthy pleadings. It is seen that the respondents have carried out directions of the Hon'ble High Court given in WPCT160/05 ON 31.3.2006. She was allowed to complete with general candidates 7 o.a. 208/AN/2008 7 and given necessary refaxation in age and qualification. She however, could not qualify in the stenography test The applicant has stated that the test was conducted improperly. This Tribunal cannot become yj an expert body to judge how an examination should be conducted. r/
18. Secondly, the applicant has stated that the test should have been conducted by senior officers and not by private Secretaries and has cited the old recruitment rules in this regard. The senior officers as per the old recruitment rules are officers who sit in the DPC The skill test conducted for the applicant is by no stretch a DPC. In their reply the respondents have furnished details of the test conducted. We find no evidence of any malafide or that applicant has been discriminated against. In the absence of proof, wild allegations made by the applicant against the Pvt. Respondent are mere speculation and the Tribunal cannof.actj>nithat"
\ ^ I f ^ The Hon'bje^igfc loliirt in WPtT^ef^IzOll preferred against this order, held as^ln^r^in its judgment dated 21.9'lllr*^ % % tssve was not "As^t^records w^^W^H^ibunal^e sa^ considered, th0r<fer di zIp.TfL ifno%Mssently interfered with but thP*Tribunaliti/ilfhearkhi m,a1;ierfafne*shlimited onhffb thSiextent of f he DOwerSf thehUeutenant Goi/erhor^to felax the rufesaanA in fact, ;■ ^whether an^fur^herTelaMiioinifiafbeemmdde. The sdid^ssueiwill be ***%eard by any decision tdken by .kr.
5I r ^ThiSiJrrbunal dismi^l^thisfe.^. on i|.3ftl2 bluing held as under*;* I 1 \V "The learri&cl*cbu)hsel for the applicarfeftas/cbntended thama) there } wok no ^prior/nelaxatiin of Recruitment \il$s a^dSfbi theJLieutenant Governor has raiified/appro.ved the propofol .subsequent to holding of the af> test. \ / 4T ■% •> 7-. .
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9. The following-picture emerges from the perusal of'the file -
(a) The selection, notification is for IZ^pofts, one post having been earmarked for thi$aOpplicaht?-(Tnis was not brought on record by the applicant, but is available in the filed.) The notification further provided that each candidate has to pass both in the written test and skill test of Sienography/Typewriting.
(b) The minutes of the Recruitment Committee meeting held on 24.4.08 show that the Committee noted that only three persons under General Category have obtained requisite speed in Stenography and Typing. It noted amongst others that even though the normal minimum mistake (sic) for qualifying is 5%, in the last examination conducted with the assistance of SSC 15% mistakes were allowed. It accordingly recommended that marks may be relaxed as under-
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General OBC
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;-r^ Stenography (80 wpm) 75 66
Typewriting (40 wpm) 32 26
/
It is noted that the applicant has attained the requisite speed in Typewriting but not in Stenography. This vacancy was accordingly added to General Category.
It was presided over by Secretary (Personnel).
10. Rule 5 of the 1999 Recruitment Rules is as under:
"Power to relax Where the Lieutenant Governor (Administrator), Andaman and Nicobar Islands is of the opinjdn thhilit Ismepess^ary o^expedient to do so, he may by order and^fot reasons to'be recorded jn writing relax any of the j provisions of tpe^triiles with respect to any cfdss gr^categd^y of persons."
11. .. ThettMee Judge BenS^^^^mourt in HofKohti [AIR 197hc81%hasheld^\ | f | /%. ^ \ t fBui the dscreti8nj\%$en Jogif tpj^bjs Union^Pdblick Service y gfjpmmissiqkiJn %a^^f^/^ct^ecrui^ent and^ot tto the promo^p. A^that is I :Mthe inteni:$fWeTaW&Sf&M^mn EffeWtp . Moreover^ the Union \ 7tubllc I| f'vmrecruitmenAjlo'es fi"up 0 ,-s^Ay | cpllmgt, foh^gp'plications My extensive fa!direct Advertisement ado itrispvt reasonable:i^t if on q coW&deration of 1 *w&// those appMkjgrfs ithnSs ?fi)at%ger0f)s possessing fFMAriscribed a "X otherwise well \ \ qualified, Hlpy^cbuld be selected. Bu^htrbpi ^oKso in the case of \ De^ai^pfeptdkpWmotion at least in f^/s^ose^^eVw/es^emse/i/es \ \contejmpiaie thdt^if there are nq:^qrfalified\cbhdiclatesfthen direct recruitment couJdSe resortedToll'hat question d6es npf arise here." *
12. The fesult^sheet avaiidbietih the file showsdfiat thcapplicant was not asked to appeaNn the'written test. She has^Darticipated in the Stenographic and Typewriting TesfaShe has obtained 67.2mOrtd 32 marks respectively as against Qualifying marks of 80W40-ahd relaxed qualifying marks of 75 &
32. She does not qualify as per the qualifying marks and does not pass in Stenography in relaxed aualifvina marks. It is also to be noted that SSC which was associated, with the earlier Selection had recommended 15% relaxation. After noticing that only 3 persons have qualified the Recruitment Committee recommended relaxation, having regard to the facts noted.
13. If for arguments' sake it is accepted that decision to relax recruitment rules should have been taken beforehand, then the applicant is herself not eligible and cannot be a person aggrieved. This OA would then be in the nature ofPIL. which this Tribunal cannot entertain.
14. The decision in S.S. Kohli (supra) shows that Recruitment Rules can be relaxed. The post is to be filled by direct recruitment and yet this clause •'7 .r 9 o.a. 208/AN/2008 l• » has been kept In the facts and circumstances of this case reasons have been shown to exist It is not o case of no evidence.
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15. The OA is fit to be dismissed and is dismissed."
The order travelled to Hon'ble High Court holding the hands of the respondents. Hon'ble High Court in WPCT No. 86 of 2001 issued the following direction:
// Therefore, we are of the view that this application is devoid of any merit and the same is dismissed.
However, we been given by the learned TribunalMilmot be treated toWe a pfecedehttin future or should not be made cwpiicable to the other candidates itffig^had\pt approached \ the learnedai&jbiinal. % % ^ \ There wWbh no or^^cohi ^ m % i j? m , ■% Jvvii $■ AcGQ%hgly wepnflhi^il^lso^orrectneyipf IIvoking M ^ \ powe} undec-Rule 5 s
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i ®. V/^iWv-# £ i tHaVin|«'perused thelfjle US. 4'8-O6/4260.7 PWilfVol.ll) we discern ^ note, i ^ i | \ i extracted herein bef6w for Slarit^^^^ES^ i -Zr ^% \ / jf, vNt \ ■•J \ ■* i» x- & J / "F.N6.48-06/2007-PW ^(tfoUl) PERSpNNEL WJtyiS / "V ' ■? ?S" ,/:
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■%. x. i) e."-^ ^ Recruitment of Stendgrapher(OG) in Amalgamated^Stenographic Cadre under A&N Admn - Recruitment Exam"&rSkillJests in,stenography St Typewriting for Steno(OG) -
regarding ■v.
(1) This is regarding recruitment of Stenographers(OG) under this Administration. (2) It is submitted that during last recruitment examination conducted by the Admn with the assistance ofSSC, New Delhi, we could get only 7 qualified candidates as against
16 vacancies and the SSC had advised this Admn to initiate action to fill up the remaining vacancies. Accordingly, the Admn initiated recruitment process to fill up the the 17 vacant posts of Stenographer(OG) (9 under General Category, 7 under OBC category and 1 as per Hon'ble High Court's Order) lying vacant in various Office of this Admn and a Recruitment Committee was constituted to finalize the recruitment process vide Admn's Order No. 3144 dated 10.10.2007 (Flag-A). (3) As per the vacancy notice published, the written examination was held on 25.11.2007 (Sunday) in two Centres, (Port Blair, and Mayabunder), in which 480 Candidates have appeared as against 541 registered. The answer books of the written exam were got evaluated through the Principal, TGCE and the result placed a ■ ¥ 10 o.a. 208/AN/2008
-/ r. '•r before the Recruitment Committee which met on 7.2.2008 at 11.00 am. A copy of the proceeding of the said meeting may kindly seen at Flag-B. •ft (4) As per the recommendation of the Committee, 99 candidates were declared qualified . 7> i purely on merit basis to appear for skill tests in Stenography and typewriting. These V/ t 99 candidates alongwith 1 candidate to appear for skill tests only as per the order of Hon'ble Calcutta High Court, have been called for skill tests in Stenography & typewriting test which held in four batches from 3rd to 5th April, 2008 at JNRM, Port Blair under the Supervision of Dr. R.N. Rath, HOD, Ploy. Science, JNRM, Port Blair duly coordinated by Shri Arvind Ray, IAS, Secretary(Perl) (link Officer) in the absence of regular Secretary(Perl) on duty-cum-tour to Delhi. The Dictation for the Stenography test was held in four batches by the Officers appointed vide Admn's Order No.1208 dated 28.3.2008 (Flag-C).
(5) Out of 100 candidates, 84 candidates have appeared for the Skill test in stenography 8e typewriting. The answer scripts of both the tests received have been evaluated on 05.04.2008 at JNRM by the group of officials appointed for the purpose vide Admn's Order No. 1209 dated 28.03.2008 (Flag-D) under the supervision of Coordinator/ Nodal officer. It is pertinent to mejptionithat both the answer scripts were evaluated by adopting coding/decpdrng, rn^fyd^ivmtqimcon^entialfy and also to avoid any irregularities (6) As per the resW^of skill tests, three candidates have ptis&d botmiri^stenography and typewriting tests with requirpd?mfnihJQip?speed. The meri{§isi oftktese 84 candidates in writtinMxaminationpid^well as fthe fpeidkattained by them^jn stenography & typewriting test (Flag$Ef& Ff have been placed before the Recruitfneht Committee for ftakincffeiecision injj$n$btipnfyvit*h.fi)lin§ uffthejnotified vacancies'rTbe..proceeding of T^ornmitteem^rJ^lib^d^mMinf ajj&ts into <$%siderati0n, has 2 recommended f||r remmin^^^ttf^exBn as noteOe/o^ on the I grounds rnentitmdWmeijr^cHm^b^^^^ i** | (A) -GENERAL ^ J I QJi, SterSaph^Sf^m^^S^rds) I i.
^OV Typevwftirfgfrom 4fv^^dB2\p.m^(^vords) fj |
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(8)a The Candidate ^appeared for tmrilfilP&'sts as perjhewrder'bf Hon'ble pgh Court, icouid pit gdaiifffihe sWI tests in Stenography^as well as^'iQ typewriting inspite of allpwing^the^ne1axed~standard as given to the general candidates. Though she has attained dtspeidi-of 32 wTptm.JnJypewripncff but sheicbuldjpttainja speed of only 67.2*W..p.m?>iin Stenography whlcjnsmuch tessepthan thqrt of dpjjvhgraded/relaxed standafd^presmbed for gih'ersf^aWiddTes%Jhi!is, theJJdmmitte^e has recommended that the Vacancy reserved under General category*afper Hon'ble High Court's order may also be filled, up frorrTamongstjhe-eiigibie candidates under General Category on merit. ■sr* (9) In this connection, it may be^furth'erWentioned that the typewriters whatever available & provided to the candidates for the typing test were very old and due to long wear and tear these machines were not in good running condition. Majority of offices are not using Typewriters in official work, but computers for typing works. This Admn in batches through NIC for improving their efficiency in typing works. Further, necessary provisions already exist in Rules for relaxation of minimum standard for OBC candidates also. (Flag-H) (10) Since the Committee has recommended the names of 17 candidates, purely on merit basis in written exam as well as speed test in Stenography & typewriting, by recommending relaxation in their favour for appointment against the notified vacancies of Stenographer (OG) under this Admn., we may seek approval from the competent authority to relax minimum standard and downgrade the minimum speed in stenography 8t typewriting to the extent specified above. The SSC New Delhi, during the last recruitment of Stenographer (OG) has allowed/condoned 15% 5:*: - f 11 o.a. 208/AN/2008 i mistake committed by the Candidate. Thus, the candidates recommended by the Committee for relaxation of standard also stand on equal footing. I (11) The recommendation of the Committee may, therefore, kindly be approved.
Hon'ble Lt. Governor is competent to relax any of the provision in the Recruitment Rule (Flag-X).
(12) Submitted pi."
r We note that with the LG's approval, a list was prepared.
The note further reads:
"Ref: Para 13-14/NAnte. .t
(15) As approved^by^h^Hbn'bie LG. relctxiMj .the minimum standards in skill
tests (Stenograpdy^%Typewriting) as recommended foftHe^recruitment of the following about ttye conduct of reqrtii&n'ent eiam-ljand$skillitesi$and its finalizdilah b%Recruitment Committ&eain Daily. Telegrams f6r:iinf6rmqtidnpf alkioncferned.
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2 *10475 ;V, ■17/0/1981 GENL f
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3 & '10536 '0HA LLAyfb.LfMA PHA '/.I 06/05/1973 GENU |
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5t 10319 ZAfftABitBlBlf | | |; \ "S<0/041984.. am i
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1^0^197^ OBC |
\ 13/04/1981 \ OBC/
10 % 10079 J\LOK kld-MAR BAKSHI 26/11/1985JiT OB(?
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11 %0190\ S. RAMALAXMi ^20/07/1983 GENL
12 10247 \ SAVlfAkUM^Rh t
r13/02/-i985 fOBC
13 10098v, 'PR&HLA PA KUMA'RI P.. ^4 ^ 25/05/1970^ GENL
14 10233 NEEtHASHA RANI ^02/07/1^74 OBC
15 10287 'Oh.padmaWatv 22/06/1980 GENL
16 10211 SMITA DEVI, <s - a>" 18/11/1981 OBC
.17 10183 SHAKUNTALA 24/06/1975 OBC
(16) Subject to approval, a draft press note is put up for approval pi. (DFA-I)
(17) Further, it is submitted that the candidates qualified for the post of
Stenographer(OG) as per the merit order may be appointed as Stenographer(OG) against the vacancy advertised under the Amalgamated Stenographic Cadre of A&N Admn immediately; after giving offer of appointment and its acceptance and other formalities immediately after the publication of the press note. It is suggested that appointment order in respect of all the selected candidates may be issued against the available vacancy with the directions to report for duty in the respective Offices within 30 days from the date of issue of appointment order; if accepting all the conditions mentioned in the "offer of appointment", failing which their appointment will be treated as cancelled.
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(18) Accordingly, a draft memorandum/ offer of appointment is also put up for approval pi (DFA'II) (19) Submitted for approval pi"
4. In view of such we do not find any reason to interfere with the selection of the 17 candidates, recruited on standards, relaxed by the Hon'ble LG invoking * t clause 5 of RR, extracted supra. Therefore the O.A. fails and is dismissed. No t costs.
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(N. Neihsia!) (Bidi|ha Banefjee)
Administrative MerriSe,!8, Juafeial Member