ORDER :

1. Heard.

2. This petition under Article 227 of the Constitution of India has been preferred against order dated 23.11.2021 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (hereinafter referred to as 'the Tribunal') whereby the learned Tribunal has dismissed the original application filed by the petitioner.

3. In the matter of selection to the post of Telecom Technical Assistant, an advertisement was issued on 20.04.2013 for direct recruitment in Rajasthan Telecom Circle from open market. The vacancy position was prescribed unitwise and in Bhilwara unit, there were total 6 vacancies, out of which 4 vacancies were for unreserved category and two vacancies were reserved for OBC category. Pursuant to the said advertisement, the petitioner and other candidates submitted their candidatures which were considered. Written examination was held and as per the result/selection list declared on 30.11.2013, name of the (petitioner was placed at Serial No. 44 and he was declared qualified and selected. Thereafter, objections were raised by some of the candidates which resulted in revision of selection list which was declared on 13.12.2013 wherein, again the petitioner was declared qualified and selected but in Bhilwara unit. A further notification was issued and result which was earlier declared was again revised and thereafter, the name of the petitioner was placed in the wait list instead of main merit list vide order dated 25.01.2014. As the petitioner was ousted from the main list, he submitted an application seeking information under the Right to Information Act, 2005 regarding cut off marks of OBC category and grounds for change of his result. The petitioner was informed vide letter dated 07.03.2014 that cut off marks cannot be declared and cannot be informed. As far as change of result of the petitioner was concerned, he was informed that earlier one Manish Kumar Sharma was selected against unreserved vacancy at Serial No. 2 and after examination, his date of birth was found as 23.09.1985 and he had crossed the age of 27 years, thus, his name was placed against OBC category instead of unreserved category. Due to this, petitioner's name was removed from the main list and was placed in the wait list.

4. The petitioner, feeling aggrieved by the decision of the respondents in migrating him from main list to wait list on account of inclusion of one Manish Kumar Sharma, approached the Tribunal by filing original application. The Tribunal, having considered the pleadings and documents on record, on facts, came to the conclusion that as Manish Kumar Sharma, who admittedly belonged to reserved category of OBC, had claimed age relaxation in his application form, which was granted to him, he could not be considered for selection against unreserved category, but he was entitled to be considered only in the reserved category of OBC to which he admittedly belonged. Applying the law laid down by the Hon'ble Supreme Court in various decisions, the Tribunal held that the migration of the petitioner from main list to wait list did not suffer from any illegality and the original application filed by the petitioner was dismissed by the Tribunal vide impugned order dated 23.11.2021. Aggrieved by the said order, this writ petition has been filed by the petitioner.

5. Learned counsel for the petitioner would vehemently contend before us that the order passed by the Tribunal suffers from patent illegality and is based on misinterpretation of settled principles with regard to i