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Judgment
HON’BLE MR. MANISH GARG, MEMBER (J):
In the instant OA, the applicant seeks the following reliefs:-
“i)To quash and set aside the impugned order/list dated 14.10.2024 qua applicant and direct the respondents to restore the candidature of applicant and appoint him to the post of JE (Q&C) with all consequential benefits including arrears of pay.
ii) To declare the action of respondents in rejecting the candidature of applicant as illegal and unjustified and restore the candidature of applicant and give appropriate directions to respondents to appoint the applicant to the post of JE (Q&C) as per his merit with all consequential benefits including seniority and arrears of pay at par with his batchmates.
iii) To direct the respondents to accept the matriculation certificate as submitted by applicant as valid and consider his claim for appointment as per his merit against selection post as advertised vide advertisement no.Phase-XI/2023/Selection Post with all consequential benefits.
The brief facts of the case, as borne out from the pleadings, are that the respondents issued an advertisement in March 2023 pursuant to requisitions received from various User Departments for filling up approximately 35,891 posts. The applicant, being eligible for the notified post, submitted his application, which was duly accepted and scrutinized by the respondents. He was issued an Admit Card and appeared in the examination held on 27.06.2023 under the ST category. The result was declared on 14.09.2023, wherein the applicant was declared qualified and called for Document Verification.
Subsequently, the applicant's candidature was included in the tentative EQ Reject List on the ground of non-submission of the 10th Class/Matriculation Certificate. The applicant submitted his Matriculation Certificate along with a clarification dated 18.06.2024 issued by the Board of Secondary Education, Rajasthan, regarding the nature of the certificate issued by it. He also submitted a representation dated 25.06.2024 along with the relevant documents. Despite the same, his candidature was included in the final rejection list dated 14.10.2024.
In their counter reply, the respondents have stated that, in view of multiple rejections on similar grounds, the Commission directed the User Department to undertake a re-scrutiny of the applications. Pursuant thereto, a revised Final OK/Reject List was issued vide F. No. 07/213/2023-SP dated 21.11.2024, wherein the applicant's candidature was accepted and he was found eligible for the further stages of the recruitment process. The respondents have further stated that an E-Admit Card dated 28.01.2025 for Document Verification scheduled on 03.03.2025 was issued to the applicant.
Learned counsel for the applicant submits that, in view of the subsequent developments, he does not wish to file any rejoinder. However, he draws attention to Paragraph 6 of the counter reply, which reads as under:-
“6.That the Applicant’s grievance has been addressed and redressed through the revised scrutiny process and his candidature has been accepted deeming him eligible for further stages of recruitment process. Applicant’s E-Admit Card dated 28.01.2025 for Document Verification (DV) scheduled to be conducted on 03.03.2025 has also been issued and uploaded on the official website of the Commission. Copy of Applicant’s E-Admit Card dated 28.01.2025 for Document Verification (DV) scheduled to be conducted on 03.03.2025 is annexed and marked as Annexure-R-2.”
In view of the categorical stand taken by the respondents in their counter reply that the applicant's candidature has been accepted upon re-scrutiny and that he has been permitted to participate in the further stages of the recruitment process, the grievance of the applicant, to the extent of rejection of his candidature vide the list dated 14.10.2024, stands redressed.
Learned counsel for the applicant submits that the applicant has since joined the services of the respondents and, in view of the stand taken by the respondents, the applicant would be satisfied if his claim for the consequential benefits is considered by the respondents on notional basis in accordance with his merit and the applicable rules.
In view of the aforesaid facts and circumstances, the OA is disposed of with a direction to the respondents to consider the applicant's claim for grant of consequential benefits, including fixation of seniority and other admissible benefits, on notional basis, in accordance with his merit, the applicable recruitment rules and the position of similarly situated candidates. The respondents shall pass a reasoned and speaking order in this regard within a period of 30 days from the date of receipt of a certified copy of this order.
It is, however, clarified that the aforesaid consideration shall remain subject to the applicant fulfilling the requisite conditions under the applicable rules.
The pending Miscellaneous Applications, if any, shall also stand disposed of. There shall be no order as to costs.