Central Administrative Tribunal - Madras
Dr Mane Rohan Madhavrao vs Ut Of Pudicherry on 29 September, 2022
1 OA 1094/2021
CENTRAL ADMINISTRATIVE TRIBUNAL
CHENNAI BENCH
OA/310/01094/2021
th
Dated Thursday the 29 day of September Two Thousand Twenty Two
CORAM : HON'BLE MR. T. JACOB, Member (A)
HON'BLE MS. LATA BASWARAJ PATNE, Member (J)
Dr. Mane Rohan Madhavrao (Roll No. 21082117)
S/o Madhavrao Bhimrao Mane
Yamuna Kunj Vishal Nagar
Barshi Road, Latur
Maharashtra, Pincode - 413 512. ....Applicant
By Advocate M/s. Prakash Adiapadam
Vs
1. Union of India represented by
The Director
Jawaharlal Institute of Post Graduate Medical Education & Research (JIPMER)
Dhanwantri Nagar, Puducherry 605 006.
2. The Deputy Director (Administration)
Jawaharlal Institute of Post Graduate Medical Education & Research (JIPMER)
Dhanwantri Nagar, Puducherry 605 006.
3. Admin-I (Recruitment) Section
Jawaharlal Institute of Post Graduate Medical Education & Research (JIPMER)
Dhanwantri Nagar, Puducherry 605 006. ....Respondents
By Advocate Mr. M.T. Arunan
2 OA 1094/2021
ORAL ORDER
(Pronounced by Hon'ble Mr. T. Jacob, Member(A)) Heard both sides.
2. The relief prayed for in this OA is as follows:
"i. impugned Recruitment Notification vide No. Admin-I/SR/1/2-2021 dated 24.11.2021 issued by the 1st respondent in so far as notification of one post of Senior Resident Dentistry (Oral & Maxillofacial Surgery) under EWS category alone and ii) subsequent reply dated 01.12.2021 sent by the 3rd respondent through email and quash/set aside the same as highly illegal, unlawful, arbitrary, unreasonable, untenable and unconstitutional and consequently direct the respondents to accommodate the applicant for the post of Senior Resident Dentistry (Oral and Maxillofacial Surgery) on regular basis in pursuant to the Recruitment Notification vide No. Admin-I/SR/1/1-2021 dated 19.07.2021 issued by the 1st respondent by operating merit/waiting list dated 08.09.2021, with effect from the date on which when others selected candidates were appointed and grant all monetary and monetary service benefit granted to them and pass such further or other orders as this Tribunal may deem fit and proper in the circumstances of the case and thus render justice."
3. When the matter is taken up for hearing, learned counsel for respondents submits that the applicant has applied for the post of Senior Resident in Dentistry (Oral & Maxillofacial Surgery) against the notification dt. 19.07.2021. After the recruitment process, one EWS candidate has been selected and the applicant is ranked at Sl. No. 2 in the wait list of the unreserved candidates. It is further submitted that the institute will consider the applicant's claim to an ad- hoc (89 days) appointment, if no suitable EWS candidate is available and if the first candidate in the wait-list does not accept the offer, within the rules laid down by the Government of India. Respondents have filed their reply statement to this effect. Learned counsel for the applicant is satisfied with the reply filed by the respondents.
3 OA 1094/2021
4. In view of the above submissions made by learned counsel on both sides, the OA is disposed of without going into the merits of the case. No costs.
(Lata Baswaraj Patne) (T.Jacob)
Member(J) Member(A)
29.09.2022
SKSI