Tribunals and CommissionsDivision Bench(2020) 12 CAT CK 0013

Nitin Kumar vs Union Of India & Others

Central Administrative Tribunal · Decided on 3 December 2020

HON’BLE JUDGES
Pradeep Kumar, Member (A) · R.N. Singh, Member (J)
RESULT
Dismissed
CASE NUMBER
Original Application No. 1874 Of 2018, Miscellaneous Application No. 2107 Of 2018

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Judgment

43 paragraphs · 311 words

S.No.,"Name of the Post, Pay Band &

Grade Pay and Essential

eligibility criteria",Group,"Upper

age

Limit","Number of

vacancies

(s)* and

reservation

10.,"Operation Theatre

Assistant (PB-1 Rs.5200-

20200 + Rs.2800 Grade

Pay)

Essential:

A) B.Sc. OR 10+2 with

Science with five year

experience in the following

areas;

i) O.T., ii) ICU, iii) CSSD, iv)

Manifold Room

Preference will be given to

candidates with Certificate/

Diploma course in O.T

Techniques from recognized

Hospital/ Institution.

B) Work experience shall be

considered, if candidate has

worked in private or public

sector/Hospital of at-least 500

beds.",C,30 years,"137 (UR77,

SC-20, ST-

01, OBC-

32)

applicant does not have the same. However, the purview of judicial review is limited in the instant case as to what was the essential qualification",,,,

prescribed and whether the applicant has such requisite qualification or not. The applicant was granted an opportunity to bring out and satisfy the,,,,

requirement (Para 1 supra).,,,,

It, however, emerged that those essential qualifications are not satisfied by the applicant. It was only thereafter that the candidature was cancelled",,,,

(Para 2 supra).,,,,

7.

As regards the pleas by the applicant that the hospitals having five hundred beds are not set up or they are not available in sufficient numbers, the",,,,

Tribunal noted that the appropriate stage for challenging such prescription of an essential qualification, was at the stage when the said advertisement",,,,

was issued. It is admitted that no such challenge was mounted at that time and even at present also the said requirement has not been challenged.,,,,

Having participated in the said selection and challenging the same after he was not successful, for want of essential experience, is without any basis.",,,,

8.

In view of the foregoing, the Tribunal finds that there is no cause of interference. There is no merit in the OA and the same is dismissed. No costs.",,,,

9.

Pending MA also stands disposed of.,,,,