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Tribunals and CommissionsDivision Bench(2018) 07 CAT CK 0017

Poonam Meena vs Union Public Service Commission And Ors

Central Administrative Tribunal · Decided on 27 July 2018

HON’BLE JUDGES
Nita Chowdhury, Member (A) · S.N. Terdal, J
RESULT
Dismissed
CASE NUMBER
Original Application No. 3796 Of 2013

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Judgment

6 paragraphs · 360 words

S.N. Terdal, J

1.

Heard Shri R.K.Shukla, counsel for the applicant and Shri K.M.Singh, counsel for the respondents, perused the pleadings and all the documents produced by both the parties.

2.

The crucial question involved in this case is whether the Tribunal can direct the respondents to amend the Recruitment Rules (RRs) declaring the qualifying education qualification of requirement of second class Master Degree is bad in law and null and void.

3.

The relevant facts of the case are that the applicant applied for the post of Principal in response to the advertisement issued in February, 2010. The minimum education qualification required for the said post was Master Degree with second class. The applicant filed this OA seeking a declaration that the RRs for the said post requiring the said qualification of second class Master Degree is bad in law and a further direction to the respondents to amend the RRs accordingly. It is noticed that the counsel for the applicant gave up the first prayer of declaring the said requirement as bad in law, which is recorded in the order sheet for 2.12.2013. The counsel for the applicant vehemently submitted that in view of the D.P.T.O.M.No.2/1/87-PP dated 23-11-1987 which requires periodical cadre review to be conducted after every 5 years, the applicant is entitled for the above said relief, of direction to the respondents to amend the RRs. But as the said OM of 23.11.1987 has nothing to do with review of RRs, it is of no relevance.

4.

The counsel for the respondents equally vehemently contended that the applicant having applied for the said post of Principal knowing very well that it requires second class Master Degree and having participated in the selection process, the applicant cannot be permitted to challenge the Recruitment Rules.

5.

Having carefully considered the submission of the counsel for the respondents, we are of the opinion that if this application is entertained, it will open a pandora box. The prayers made in the application are out rightly frivolous and as such this OA is dismissed with exemplary cost of Rs.10000/- to be paid by the applicant to the CAT Bar Association Library.