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ARUN BHANSALI
Shivali Tomar – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Arun Bhansali, J. - This writ petition has been filed by the petitioner questioning the validity of the final merit list issued by the respondent no. 4 for the post of Ground Duty (non-technical) Administration-SSC (M&W) and a direction to prepare a fresh merit list strictly in accordance with the marks secured by the respective candidates and include the petitioner's name for the training.
2. The respondents issued notification (Annex. 1) for Air Force Common Admission Test (AFCAT - 02/2020) for Flying Branch and Ground Duty (Technical and Non-Technical) Branches/NCC Special Entry/Meteorology Entry for courses commencing in July, 2021. In the column pertaining to AFCAT entry for the Ground Duty (Non-Technical) Administration & Education Branch, Permanent Commission (PC) for Men & Short Service Commission (SSC) for Men & Women indicated vacancies for Administration as PC - 23, SSC - 16, for NCC Special Entry, 10% seats out of AFCAT vacancies for SCC.
3. It is inter alia indicated that the petitioner being eligible for the post of Ground Duty (Non-Technical) Administration - SCC, applied and went through the entire process of recruitment. The petitioner was initially ousted fo
The central legal point established in the judgment is that the competent authority's decision based on organizational requirements and the disclaimer regarding the actual intake cannot be faulted.
Gujarat Public Service Commission – Waiting list - It cannot be said that GPSC has committed any error in preparing select list and putting petitioners in wait list, as petitioners have secured marks....
The systemic bias in grading and opportunity denial significantly impacted women's eligibility for Permanent Commission, necessitating equitable remedies and recognition of their contributions.
The court upheld the validity of applying separate roster points for clear and anticipated vacancies in recruitment processes, emphasizing adherence to procedural norms to ensure fairness.
In the absence of specific provision for a waiting list, candidates cannot claim appointment on vacancies left unfilled due to non-joining of selected candidates.
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