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Showing contexts for: cmc ltd in Union Of India & 4 vs Kaustubhai Devang Pandya & 8 on 16 August, 2016Matching Fragments
[3.3] That by a notification dated 21.02.2014 the respondents invited the applications from eligible candidates for filling up large number of vacancies for Postal Assistant and Sorting Assistant. The method of recruitment to the post of Postal Assistant / Sorting Assistant is governed by Rules, 2014, which was published in the official gazette on 27.01.2014. As observed hereinabove, by order dated 05.04.2011, the competent authority decided to adopt a new system for objective type questions for all examination and a decision was taken to conduct the examination centrally by the Postal Directorate. M/s. CMC Limited was selected to undertake the recruitment process from the year 2011. M/s. CMC Limited was required to handle the entire process of conducting the examination from the stage of printing the application HC-NIC Page 11 of 74 Created On Sat Aug 20 00:02:35 IST 2016 C/SCA/10049/2016 CAV JUDGMENT form till preparation of merit lists. The Postal Department was required to announce the results on the basis of merit lists provided by M/s. CMC Limited and candidates were required to send the filled in (OMR) application forms directly to M/s. CMC Limited.
(viii) Arrangement of examination venues and conduct of each examination on the same date and time throughout the country.
(ix) Scanning of OMR answer sheets and preparation of merit list as per the guidelines of Department of Posts.
[3.5] That as per the notification dated 21.02.2014, an eligible candidate can apply for any one of the Circles. A total number of 564 vacancies were notified for Gujarat Circle. The eligible candidates who have fulfilled the eligibility criteria as per the Rules, 2014, responded to HC-NIC Page 12 of 74 Created On Sat Aug 20 00:02:35 IST 2016 C/SCA/10049/2016 CAV JUDGMENT the said notification dated 21.02.2014 by submitting their respective applications seeking selection and appointment to the post of Postal Assistant / Sorting Assistant in Gujarat Circle. That the written examination was conducted on 01.06.2014 by engaging the services of M/s. CMC Limited. The examination comprised of two parts viz. (1) PaperI was Aptitude Test whereas PaperII was computer / typing test. The candidates who were qualified in the Aptitude Test (PaperI) were directed to take part in computer / typing test (PaperII) in terms of the instructions contained in Para 11.1 of the notification dated 21.02.2014. The computer / typing test was also conducted by the said M/s. CMC Limited. That so far as the Gujarat Circle is concerned, the examination for direct recruitment was held by M/s. CMC Limited at Ahmedabad, Rajkot and Vadodara centres. Similar examinations were also conducted by M/s. CMC Limited for other circles viz. Chhattisgarh, Haryana, Rajasthan and Uttarakhand. That thereafter a provisional select list was published by the office of the Chief Postmaster General, Gujarat Circle. All the successful applicants were allotted to various divisions as per their respective individual merits. That in Gujarat Circle, out of 652 candidates selected, 290 successful candidates were appointed on probation period of two years and 362 candidates were in the select list but were not appointed and/or were not issued the appointment orders. Similar exercise was conducted with respect to the other circles including Chhatisgarh, Haryana, Rajasthan, Uttarakhand etc. [3.6] It appears that after declaration of the result, there were complaints that malpractices were being adopted by some of the candidates using unfair means in the examination. That the complaint was received by the Postal Directorate on 08/09.04.2015 alleging irregularities in recruitment of P.A. / S.A. Direct Recruitment Examination for the year 2014 conducted on 01.06.2014 at different HC-NIC Page 13 of 74 Created On Sat Aug 20 00:02:35 IST 2016 C/SCA/10049/2016 CAV JUDGMENT centres in Gujarat Circle. That the said complaint was inquired by a Vigilance Team of the Postal Directorate and it was found that there were good and sufficient reasons to suspect serious malpractice on the part of some of the candidates and officials of M/s. CMC Limited with or without connivance of outsiders in the conduct of the examination held in Gujarat Circle. It appears that based on the prima facie suspicion on the agency on the leakage of the question paper / answer key and violation of many of the provisions of the Agreement / Instructions of the Department by outsourced agency, possibility of involvement of outsiders, with or without connivance of M/s. CMC Limited, orders were issued for holding in abeyance of further appointments / training in respect of all the 22 postal circles, where the examination was conducted through the same outsourcing agency - M/s. CMC Limited. Vide order dated 27.04.2015 the Assistant Director General (DE), Ministry of Communication and I.T., Department of Posts addressed a letter to all the Chief Postmaster General except the Chief Postmaster General of Bihar, Delhi, Himachal Pradesh, Madhya Pradesh, Maharashtra and Uttar Pradesh and directed that the appointments of successful candidates of P.A. / S.A. Examination for the year 2014, who were not yet issed the letter / order of appointment may immediately be held in abeyance till further orders and no training orders be issued in respect of the candidates in whose cases preappointment formalities have been completed. That in the meantime out of the selected candidates, 290 candidates were already given appointment by the Gujarat Circle, however on a probation of two years. It appears that thereafter and after a detailed investigation with regards to the conduct of the examination in respect of other Postal Circles was also undertaken. Since primarily, no vigilance angle was found to have been established in the fair conduct of the P.A. / S.A. Examination, in 11 circles viz. Andhra Pradesh, Assam, Jammu and Kashmir, Karnataka, Kerala, Maharashtra, HC-NIC Page 14 of 74 Created On Sat Aug 20 00:02:35 IST 2016 C/SCA/10049/2016 CAV JUDGMENT North East, Odisha, Tamil Nadu, West Bengal and Punjab, the competent authority ordered revocation of the orders of holding in abeyance on the further appointment and training. However, the investigation revealed certain irregularities on mass level on the part of many candidates and officials of M/s. CMC Limited strongly suggesting leakage of question papers / answer key of the P.A. / S.A. Examination, in 5 circles viz. Rajasthan, Gujarat, Haryana, Uttarakhand and Chhatisgarh. It appears that with respect to other 5 circles viz. Uttar Pradesh, Himachal Pradesh, Delhi, Bihar and Madhya Pradesh where earlier examinations were cancelled due to certain other administrative reasons, the competent authority did not consider to revoke the orders of holding in abeyance of appointment / training orders. Out of the said 5 circles viz. Uttar Pradesh, Himachal Pradesh, Delhi, Bihar and Madhya Pradesh were held by the same agency, whose role in fair conduct of the examination was not under cloud, the competent authority did not consider allowing declaration of the results by the Department. While remaining two Circles, namely, Uttar Pradesh and Bihar Circles were directed to hold the reexamination at their lever without involvement of the agency.
HC-NIC Page 18 of 74 Created On Sat Aug 20 00:02:35 IST 2016
C/SCA/10049/2016 CAV JUDGMENT
[5.1] It is further submitted by Shri Singh, learned Additional
Solicitor General of India appearing on behalf of the Department that on one hand the learned Tribunal has given the specific finding in favour of the Department with respect to the large scale malpractice and that M/s. CMC Limited committed serious lapses and that it would not be possible for certain candidates to be successful without active involvement of the officials of M/s. CMC Limited. On the other hand the learned Tribunal has set aside the action of the Department in canceling the entire result and consequent action of terminating the services of the successful candidates on the sole ground that the same is in breach of principles of natural justice.
37. On perusal of the report, we further find that M/s. CMC Ltd. committed serious lapses. Certain applications which ought to have been rejected were entertained and as per the report, it may be due to the collusion between the candidates and the officials of M/s. CMC Ltd. The report states that it would not be possible for certain candidates to be successful without the active involvement of the officials of M/s. CMC Limited.....