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Judgment
P.Madhavan, Judicial Member
This Original Application has been filed by the applicant seeking the following reliefs:
“(i)Call for the records leading to issuance of Annexure A5;
(ii)Quash Annexure A-5 notification issued by the 2nd respondent;
(iii)Direct the 2nd respondent to fill existing vacancies for Dental Surgeons only as per Annexure A-3 rank list;
(iv)Award costs of and incidental to this Application;
(v)Pass such other orders or directions as deemed just, fit and necessary in the facts and circumstances of the case.”
The applicant submits that she is aggrieved by the action of the 2nd respondent, who is trying to overlook a pending rank list for appointment to 9 posts of Dental Surgeons (Contract Basis) and has issued a fresh notification inviting applications for the said post. Aggrieved by the action of the respondents, the applicant has approached this Tribunal.
When the matter came up for consideration before this Tribunal, counsel for the applicant submits that she is at serial no. 8 in the earlier rank list and the respondents have appointed only first five candidates from that selection list and have not appointed the remaining four persons. Instead of filling up the notified 9 posts from that list, they have issued new notification as per Annexure A5. According to her, she was at serial No. 8 and she could have been categorically appointed in the notified vacancy. She had given a representation to the competent authority as per Annexure A6 and no reply has been given till date.
Adv. Ms. Sreekala K. L takes notice on behalf of the respondents and submits that respondents have no objection in considering the representation of the applicant.
In view of the above submission, I direct the competent authority to consider Annexure A6 representation before final selection is made and on the basis of Annexure A5 notification. The competent authority is directed to consider Annexure A6 representation in the light of relevant rules, regulations and decisions and pass a speaking order on or before the next selection list is published on the basis of Annexure A5.
The Original Application is disposed of as above at the admission stage itself. No costs.
Issue copy of the order to learned counsel on both sides.
List of Annexures
Annexure A1- True copy of the Notification No. F. No. 5/39/2021-DHS dated 27.08.2021 issued to the 2 respondent.
Annexure A2- True copy of the notification numbered as F.No.4/11/2012-DHS/1067 dated 04.08.2017 issued to the Directorate of Health Services, Kavaratti.
Annexure A3- True copy of the rank list F.No. 5/39/2021 DHS dated 29.09.2021 issued to the 2 respondent.
Annexure A4- True copy of the office order of appointment of 5 persons numbers as F.No.5/39/2021-DHS dated 29.09.2021 issued to the 2 respondent.
Annexure A5- True copy of the Notification No.F.No.5/39/2021-DHS dated 05.04.2022 issued to the Director Health Services, Kavaratti.
Annexure A6- True copy of the representation dated 11.04.2022 made to the 1 respondent.
Annexure A7- True copy of the screenshot of email sent to the respondents.