Central Administrative Tribunal - Delhi
Dr. Jaspreet Singh Arora vs Union Of India Through Secretary on 10 December, 2009
Central Administrative Tribunal Principal Bench TA No. 1295/2009 New Delhi, this the 10th day of December, 2009 Honble Mr. Justice V.K. Bali, Chairman Honble Mr. L.K. Joshi, Vice Chairman (A) Dr. Jaspreet Singh Arora S/o Dr. J.S. Arora, 56, Behind Prem Nagar, Post Office Madan Mahal, Jabalpur, Madhya Pradesh-482 001. Applicant (By Advocate: Ms. Sudershani Ray for Ms. Suparana Srivastava) Versus Union of India through Secretary, Ministry of Agriculture, Govt. of India, Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi. Indian Council of Agricultural Research, Through President, Krishi Bhawan, Dr. Rajendra Prasad Road, New Delhi 110 014. Agricultural Scientists Recruitment Board, 1st Floor, Krishi Anusandhan Bhawan, Pusa, New Delhi 110 012. Respondents (By Advocate: Mr. Amit Singh for Mr. B.S. Mor) ORDER (ORAL) Justice V.K. Bali, Chairman:
Dr. Jaspreet Singh Arora had filed writ petition under Article 226 of Constitution of India before Honble High Court of Delhi, which has now been transferred to this Tribunal as the primary jurisdiction in the matter has come to be vested with it, and the same has been numbered as TA-1295/2009. The prayer made in the transferred application is to issue a writ in the nature of mandamus directing the respondent nos.1 to 3 to consider the candidature of the applicant as he possesses requisite qualification to the post under contention. The prayer is also to cancel the examination results conducted by respondent no. 3 as some of the candidates, as per the case set up by the applicant, have been selected, who even do not answer the requisite qualification.
2. The facts, as projected by the applicant in this Application, would reveal that third respondent issued notification inviting applications for filling the vacancies for the post of Scientists in various fields in Agricultural Research Services (hereinafter referred to as `ARS) through competitive ARS/NET examination, 2006 to be held in December, 2006, combined with National Eligibility Test (hereinafter referred to as NET) for eligibility for recruitment of Lecturers and Assistant Professors by the State Agricultural Universities. The applicant being a post graduate holding Master of Veterinary Sciences with specialization in Molecular Biology and Biotechnology applied for the post of Scientist in the Indian Council of Agricultural Research in the field of Bio-technology (Animal Sciences). As per Category-B at Item no. 26 of Annexure A-II of the Notification, the requisite qualification for the post of Scientist in the filed of bio-technology (animal science) is as follows:-
Masters degree in Bio-Technology/Life Sciences with specialization in Veterinary/Animal Bio-Technology. It is the case of the applicant that even though he has cleared the written examination and was called for viva voce, those who did not answer the requisite qualification, were preferred. In fact, if such persons, who did not answer the requisite qualification, were to be ignored, the applicant would have a fair chance to succeed for appointment to the post of Scientist. The applicant, before filing the writ petition in the High Court, sought information under R.T.I. Act, and it is his case that insofar as from amongst the selected candidates, Mr. N. Ravi Sunderesan, Mr. Girish Babu Pathakota, Mr. Anupam Pavan Kumar, Ms. Anuradha Bhardwaj and Mr. Atul Kumar Pateriya are concerned, they do not possess the essential and requisite qualification for the post as mentioned above.
3. Pursuant to notice issued by this Tribunal, respondents have entered appearance and filed their respective replies. We may refer only to the written statement filed on behalf of respondent nos. 2 & 3 wherein it has, inter alia, been pleaded that according to the procedure for selection, the merit list was prepared on the basis of the marks obtained in the written examination as well as viva-vice for ARS. The name of the applicant was below in the merit list and, therefore, his name was not shown in the list of successful candidates for ARS in the discipline of Bio-technology (Animal Science). The respondents have then given the qualification possessed by the selected candidates who, according to the applicant, did not answer the requisite and essential qualification for the post. Their names have been mentioned as under:-
Sl. No. Name Qualification
1. Shri Ravi N. Sunderesan M.V.Sc. (Poultry Science)
2. Sh. Ajay Kumar M.V.Sc.(Animal Biochemistry
3. Sh. Atul Pateriya M.Sc.(Bio-Technology)
4. Ku. Anuradha Bhardwaj M.Sc. (Bio-Technology)
5. Ku. Taruna Anand M.Sc. (Bio-Technology)
4. It is the case of the respondents that eligibility of candidates was examined by the technical experts and all the candidates mentioned above were found eligible in view of the prescribed qualifications for the discipline of biotechnology (animal sciences). Insofar as candidates at Sl. Nos.3, 4 & 5 are concerned, they are all M.Sc. (Bio-technology) and would answer the requisite qualification. Insofar as candidates at Sl. Nos. 1 & 2 are concerned, they all are possessing qualification of M.V.Sc. The requisite qualification is either Master degree in bio technology or life sciences and M.V.Sc. would be life science. We do not find any reply with regard to Mr. Girish Babu, shown at serial no. 5 in the documents annexed by the applicant, which the applicant is said to have received in response to his application under R.T.I. Act. The said candidate is possessing master degree in Fishery Science, which would also be life science. There is no reply also with regard to Mr. Annam Pavan Kumar as well in the counter reply. He too, even as per the information sought for by the applicant under RTI Act, is possessing master degree in Fishery Science which, as mentioned above, is life science.
5. Finding no merit in present T.A. No. 1295/2009, the same stands dismissed. However, the parties will bear their own costs.
(L.K. Joshi) (V.K. Bali) Vice Chairman (A) Chairman /naresh/