Central Administrative Tribunal - Delhi
Ankit Tiwari vs Staff Selection Commission (Ssc) on 30 May, 2022
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O.A. No.1305/2022
Item No.09
Central Administrative Tribunal
Principal Bench, New Delhi
O.A. No.1305/2022
M.A. No.1400/2022
M.A. No.1401/2022
This the 30th day of May 2022
Hon'ble Mr. R N Singh, Member (J)
Hon'ble Mr. Tarun Shridhar, Member (A)
1. Ankit Tiwari, Age-28 yrs. Group B&C
S/o Ashok Kumar Tiwari,
R/o Infront of water works Near
Jubli Hall Ghanta Ghar Road, Dhaulpur,
Rajasthan-3280001
2. Rohit Yadav, Age 30yrs, Group B&C
S/o Basti Ram Yadav,
R/o Goonta, Alwar,
Rajasthan-301402
3. Saurabh Gupta, Age 26 yrs., Group B&C
S/o Rajendra Gupta,
R/o Gram Tahrauli Khas, Thana Tahrauli
Jhansi, U.P.-284202
4. Sameer Pawer, Age.33 yrs, Group B&C
S/o Jagdish Kumar Pawar,
R/o Flat No.165D, Pocket-A, Mayur Vihar
Phase-II, East Delhi-110091
5. Apeksha Kashinath Patil, Aae 30yrs,
Group B&C
R/o Vimalnagar Taloda Plout No.27
Post Tal Taloda Distt. Nandurbar,
Maharathra-425413
6. Prabhat Kumar Pandey, Age 26 yrs, Group B&C
S/o Sada Nanda Pandey
R/o Loknath Pur, Maharuwa Gola,
Ambedkar Nagar, U.P.-224231
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O.A. No.1305/2022
Item No.09
7. Kashish, Age- 22 yrs, Group B&C
D/o Sateesh Kumar
R/o Ward No.6, Mehtab Colony, 2 STR
New Mandi Gharsana, 2STR
Ganganagar, Rajasthan-335771
8. Alok Kumar Panday,-Aga 21 yrs, Group B&C
S/o Anil Kumar Panday
R/o Gram Karah Post Pahadi, Tahsil Mauganj
Teonthar, Rewa, Madhya Pradesh-486226
9. Supriya Sinha, Age 24 yrs, Group B&C
D/o Sunil Kumar
R/o village Fatapur Post Fatepur,
District Gaya, Bihar-824232
10. Shivani Sein, Age 26 yrs, Group B&C
D/o Samundra Sein
R/o SDM Colony Tilhar Shahjahanpur
District Shahjahanpur,
UP-242307
11. Dheeraj Gupta, Age - 22 yrs, Group B&C
S/o Ram Karan Gupta
R/o Ward No.6, Mohlla Bhagwandas Ji Ka
Cheeplata, Sikar, Chiplata,
Rajasthan-332705
12. Sheshram Meena, Age 24 yrs, Group B&C
S/o Mool Chand Meena
R/o Thooma, Lediya Karauli,
Rajasthan-322255.
13. Arijit Maity, Age 31 yrs, Group B&C
S/o Puma Chandra Maity,
R/o 1/1B, Ganguly Para Lane,
Paikpara Cooslpore HO
Cossipore Kolkata,
West Bengal-700002.
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O.A. No.1305/2022
Item No.09
14. Jashan Goyal, Ae-23 yrs, Group B&C
S/o Vinod Kumar
R/o House No.B-3/214, Katehar Mohalla
Ward No.6, Sangrur, Punjab-148001
15. Mayank Rana, Age-22 yrs, Group B&C
S/o UmeshSingh Rana
R/o Near New Law College
Haldapani, Gopeshwar,
Chamoli, Uttarakhand-246424
...Applicants
(By Advocate : Shri Ashwini Kumar with Shri Prateek
Sharma)
VERSUS
1. Union of India,
Through its Secretary
Department of Personnel & Training
North Block, Near Rasthpathi Bhawan
New Delhi-100001
2. Staff Selection Commission
Through its Secretary
Block No.12, CGO Complex, Lodhi Road
New Delhi -110003.
...Respondents
(By advocate : Mr. Amit Anand for Shri Y.P. Singh )
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O.A. No.1305/2022
Item No.09
O R D E R (ORAL)
Hon'ble Mr. R N Singh, Member (J):
MA No.1400/2022 The present MA has been filed by the applicants seeking permission of this Tribunal to file the aforesaid OA jointly. Learned counsel for the applicants submits that the applicants are identically placed and have prayed for the same/similar relief(s) in the OA.
2. For the reasons given therein and keeping in view no objection from the learned counsel appearing for the respondents, MA is allowed.
OA No.1305/2022
3. Pursuant to a notification published on 23.12.2021 for recruitment against various Group B' and C posts, the applicants submitted their candidature. On 01.04.2022, the respondents rejected the candidature of the applicants through their official website for certain reasons. Being aggrieved by the rejection of their candidature, the applicants have 5 O.A. No.1305/2022 Item No.09 filed present OA seeking a direction to the respondents to allow them to appear in the examination.
4. Issue notice. Shri Amit Anand for Shri Y.P. Singh, learned counsel, who appears for respondents on advance service, accepts notice.
5. Learned counsel for the applicants argues that the respondents rejected the candidature of the applicants in an arbitrary manner, without affording an opportunity to raise their grievance against such rejection. He submitted that respondent No.2 arbitrarily made the rules and regulations which are against the rights provided by the Constitution of India. Plea of discrimination is also taken.
6. Learned counsel for the applicants submits that in an identical OA being OA No.1179/2022, this Tribunal recently passed an order on 06.05.2022, directing the applicants therein to make a representation before the competent authority, raising their grievances, within a period of 15 days and with further direction to the respondents to dispose of the 6 O.A. No.1305/2022 Item No.09 same in a time bound manner. He further prays that the applicants shall be satisfied if a similar direction is also given in the present OA.
7. In view of the aforesaid facts and circumstances, with the consent of the learned counsel for the parties and without going into the merits of the case, the present OA is disposed of, at this very stage, with a direction to the applicants to make a representation before the respondents, with respect to their grievances, within a period of 15 days from the date of receipt of a copy of this order. If such a representation is received by the respondents, they shall dispose it of by passing a reasoned and speaking order within a period of four weeks from the date of receipt of such representation.
8. The OA is disposed of in the aforesaid terms. Pending MA No.1401/2022 shall also stand disposed of. No costs.
( Tarun Shridhar ) ( R.N. Singh )
Member (A) Member (J)
/rk/