Friday, October 15, 2010

Recent orders on GDS appointment

Modified instructions on Recruitment of GDS through Employment Exchange - Clarification of term "Effective No. of Candidates
Attention of all concerned is invited to Para 3 of this Dte Order No. 19-4 / 97-ED & Trg Dt 19.08.98 which provided that "in case the notification and public advertisement so issued fail to elicit any response within the stipulated date or if the effective number of candidates applied for the post is less than 3, the vacancies will be re-notified to the Employment Exchange & fresh advertisement issued calling for nominations etc within 15 days"2. The term "effective No. of candidates / applications" has undergone judicial scrutiny by CAT, Hyderabad in OA No. 516 / 2009 in the matter of Shri.Chennuri Raju vs Union of India & relying on judgment of High Court of Madras in WP No. 22500 & 20422 / 1999 in similar case CAT, Hyderabad has held in its judgment on 15.06.10 that "three effective applications mean three applications should be received and even if one of the candidates amongst the three applicants is eligible, the selection should be finalized"3. The issue has been considered in this Dte in the light of the aforesaid judgment and I am directed to convey that term "effective No. of Candidates" finding a mention in the order of this Dte ibid may be interpreted to mean that three applications from the different candidates should be received and even if one of the candidates amongst the three applicants is found eligible, the selection should be finalized in conformity with the interpretation as referred to in
Para 2 above.DG (P) Letter No: 19-27 / 2010-GDS Dt. 07.10.10.