ORDER

By Hon’ble Dr.Chhabilendra Roul, Member (A): -

The present Original Application has been filed by the applicant, seeking the following:-

“(a) call for the records of the case and (b) direct the respondents to fill up the unfilled vacancies of Staff Nurses notified vide advertisement No.1/13-post code 20/13 and consider and appoint the applicant accordingly.

(c) accord all consequential benefits (d) award costs of the proceedings; and (e) pass any order /relef / direction(s) as this Hon’ble Tribunal may deem fit and proper in the interest of justice in favour of the applicants.”

2. The factual matrix of the present case is as follows:

2.1 The respondents issued an advertisement to fill up vacancies including that of Staff Nurse, post code No.20/2013. The present applicant in response to the said advertisement applied for the said post of Staff Nurse. The number of vacancies of Staff Nurse was 1362 out of which 688 for unreserved, 368 for OBC, 204 for SC, 102 for ST including PH (OL)-41 and for EX-Servicemen for 136. The respondents issued corrigendum to the advertisement on 15.03.2013 where the vacancies were enhanced. The total vacancies were enhanced to 2199 including 43 in PH-

OH and 323 in Ex Servicemen. They further break up of vacancies were for General Category 781, OBC -716, SC-458 and for ST category 244. The applicant though belongs to OBC from Rajasthan, he was considered as an unreserved category candidate. Out of the General category vacancies 781, 3 percent as per the Government notification was reserved for Physical Handicapped (PH), thereby 23 posts were reserved for PH. The results of selection were declared between 29.04.2014 to 18.08.2015. The applicant had obtained 105.25 marks and he has been placed at Sr. No.26 of the reserved panel/wait listed panel. The wait listed panel was to be declared valid for one year from the declaration of the final results and it was operated upon in the event of non-joining of wait listed category candidates of the main list. By 05.02.2016 the reserve list was operated upto Sr.No.22 of the wait listed candidates who have also obtained 105.25 marks. As per the RTI application, the applicant found that there were unfilled 82 vacancies which were yet to be filled up in respect of aforesaid post code No.20/2013. The applicant submitted a representation dated 17.02.2016 (Annexure A-6) requesting the respondents that he has also secured 105.25 marks and the candidates from the wait listed candidates who have been offered appointment had also secured 105.25 marks. He also requested that in view of the 82 (unreserved category) vacancies, he should be considered for appointment.

As the respondents did not respond to the aforesaid representation of the applicant, being aggrieved, he has filed the present OA seeking the aforementioned relief.

3. On admission of the OA, notices were issued to the respondents and they have filed their counter affidavit to which the applicant has chosen not to file rejoinder to the same.

4. The leaned counsel for the applicant referring the grounds taken in the OA, avers that the final results were declared on 18.08.2015. In view of this, the wait list could have been operated till 17.08.2016. The applicant submitted his representation dated 17.02.2016 seeking appointment against 82 vacancies of unreserved category, (the information he has got through RTI information application). The respondents could have operated the wait lists to fill up all these vacancies which were not filled up from the selected candidates in respect of advertisement of 2013.

4.1 The learned counsel for the applicant further states that the candidates who stood at Sr. No.22, namely, Shri Karan Singh was offered appointment and the said Karan Singh has also secured 105.25 marks. The applicant himself also secured the same marks. Accordingly, he should have been offe