IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
S.V. GANGAPURWALA, A.M. DHAVALE, JJ.
Prakash - Appellant
Versus
Union of India, Through Secretary to Ministry of Posts, Communications and Information Technology, Delhi - Respondent
Writ Petition No. 12117 of 2016, 30, 9447, 9837, 9910, 10373, 11801, 13060 of 2017; Civil Application No. 14216, 14235, 14231, 14233 of 2017; Contempt Petition No. 663 of 2017
Decided on : 03-05-2019
A. M. DHAVALE, J.
1. The petitioners in these eight petitions assail the order of Assistant Director Postal Services (Recruitment) dated 25.11.2016 whereby examination for the post of Postman/Mail Guard held on 29.03.2015 and examination for the post of Multi Tasking Staff (MTS) held on 03.05.2015 were cancelled. The petitioners also seek directions to respondent No.2- The Chief Post Master General to restore the selection list declared earlier as successful candidates.
2. Following facts are not in dispute. By the notification dated 24.01.2015, the Chief Postmaster General invited on-line applications for 1701 posts of Postman/Mail Guard and 733 posts of M.T.S. to fill up vacancies created in 2009 to 2014. Large number of applications were received. Details of the applications received, admit cards uploaded and the candidates appeared for examination are as follows:
| Particulars | Postman/ Mail Guard | M.T.S. |
| Total Applications received | 575383 | 213552 |
| Total admit cards uploaded | 463949 | 173064 |
| Total No. of candidates appeared for examination | 373979 | 119212 |
3. Work of recruitment process was assigned to M/s Manipal Technology Ltd., on end to end basis. After scrutiny, the examination for the post of Postman/Mail guard was conducted on 29.03.2015 and for the post of M.T.S. on 03.05.2015. The outsourcing agency communicated the result to the respondents on 07.01.2016. Then there was manual random evaluation of 1% papers. The discrepancies noted were brought to the notice of outsourcing agency on 16.02.2016. Those were rectified on 03.03.2016. The final result was declared on 21.03.2016 and those sheets of the selected candidates were handed over to all the divisions for completing pre-appointment formalities. 1680 candidates for Postman, 21 candidates for post of Mail Guards and 733 for MTS were selected. Results were declared by the outsourcing agency and were published by the respondents on 21.03.2016. Pursuant thereto the appointment orders were issued to 395 candidates (the department says 356) and they had undergone medical examinations, character and antecedents verifications, and training programme and had received appointment orders and had joined their duties. Two petitioners in Writ Petition No. 9910 of 2017 are such appointed candidates.
4. The remaining petitioners appeared before the respondents for pre-appointment formalities. Letters of medical examination were also issued, character and antecedents verification was undertaken and the notices for verification of documents were issued on 21.11.2016.
5. During the pre-appointment formalities, Amravati Division reported on 29.04.2016 the irregularities in the selection of one Hardip Singh. He had given his permanent address at Satara, but he was not found there. When He was contacted on his given mobile No., he appeared and disclosed that he was from Simla village in Haryana. His photograph and signature did not tally with the same on the application form. He admitted that it was not his photograph and his signature. The second permanent address was correct. The admit card issued to him was also not having his photograph.
6. This was followed with another complaint from Superintendent, Mumbai North Division, Kandivali dated 03.06.2016. Till that stage there was no suspicion about malpractices and irregularities. The Superintendent informed that out of 140 candidates appeared for further process, 40 had not appeared for Marathi or Kokani examination in Class 10th exam. Their mother tongue was different. Still, they had secured more than 80 % marks in Marathi or Kokani i.e. 20 and above out of 25. They had secured very less marks in their mother tongue in Hindi in 10th examination. The marks of unsuccessful candidates having mother tongue Marathi were less than these candidates. Similar irregularities and suspicious circumstances w
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