Reservation and category migration apply only at final merit/appointment stage, not preliminary/short-listing tiers.

ORDER

Per: RANJANA SHAHI, JUDICIAL MEMBER

The present Original Application has been filed by the applicants seeking for the following reliefs: -

“(i) To pass appropriate order or direction whereby Result declared by Respondent Staff Selection Commission for Tier-1 Combined Graduate Level Exam, 2013 on 19.8.2014 and 23.8.2014 be quashed and set aside.

(ii) To pass appropriate order or direction whereby results declared by Respondent Staff Selection Commission for Tier-II Combined Graduate Level Exam, 2013 on 31.10.2014 and 19.11.2014 be quashed and set aside.

(iii) To pass appropriate order or direction whereby respondent be directed to revise result of Tier-I and Tier-II of Combined Graduate Level Exam, 2013 and further discriminative norms and standards of providing reservation be quashed and set aside and Applicants be considered fairly for the purpose of appointment on various posts;

(iv) To pass appropriate order, direction whereby Applicants be called for interview under CGL 2013 Exam and be given appropriate fair consideration for their consequent appointment as per their merit position;

(v) To pass appropriate order or direction whereby respondents be directed not to provide reservation in Combined Graduate Level Exam, 2013.

(vi) In alternative, To pass appropriate order or direction Whereby Respondent Commission be directed to uniformly qualify candidates for Tier I and Tier II Examination in Combined Graduate Level Exam, 2013.

(vii) To pass appropriate order or direction whereby Respondents be directed to undertake a rigorous empirical study with regard to compelling reasons as enumerated under Article 16 (4) of Constitution of India and reiterated by Hon’ble supreme Court in the case of M. Nagaraj, Ashok Kumar Thakur and UP Power Corporation (supra) and further conduct periodic review committee.

(viii) Any other order or direction which deem fit and proper in the facts and circumstances of the case may also be passed in favour of the Applicants.

(viiiA) To pass appropriate Order or direction whereby Para no. 19 of Recruitment Advertisement dated 19.1.2013, be quashed and set aside and it be held that this Hon’ble Tribunal has jurisdiction to hear present O.A.

(ix) Cost of this original application also may be awarded in favour of the Applicants.”

2. The brief facts of the case, as stated by the applicants, are that Staff Selection Commission issued recruitment advertisement for Combined Graduate Level Examination, 2013 for undertaking selection on different posts. As per advertisement, application form was to be submitted online and scrutiny of eligibility of candidates was not to be undertaken at the time of Tier-I and Tier-II Examination. The scheme of examination for Combined Graduate Level Examination, 2013 was to be conducted in three Tiers, as indicated below: -

“Tier-I: Written Examination (Objective Multiple Choice Type)

Tier-II : Written Examination (Objective Multiple Choice Type)

Tier-III : Personality Test cum Interview/Computer Proficiency Test / Skill Test (wherever applicable) / Document Verification & Descriptive/on-line test of qualifying nature.

The applicants submitted their online application forms for appearing in Combined Graduate Level Examination, 2013.

3. The applicants allege that colourable mechanism adopted by official respondents for qualifying candidates in Tier-I examination, resulted into non- selection of applicant Nos. 2 and 3 for Tier-II examination. The official respondents in a colourable manner has called OBC candidates to the tune of 13.69 times as compared to unreserved candidates to the tune of 4.49 times. The official respondents have declared 9.99 times