EWS certificate for prior financial year, submitted before closing date and verified genuine, valid despite stated validity period per DOPT guidelines.

ORDER (ORAL)

PER: RAKESH KUMAR GUPTA, MEMBER (A)

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

a) To direct the 3^rd Respondent to issue appointment order to the Applicant to the post of Cook (OG) under EWS Category as per provisional appointment order No. AFSTAM/2428/1/CIV ADM dated 27.09.2022 (Annexure A-8) issued by the 3^rd Respondent.

b) To pass such other order/s as this Tribunal may deem fit in the facts and circumstances of the case.

2. The facts of the case as pleaded by the applicant in his pleadings, are as follows:

a) The 1^st Respondent issued a Notification vide advertisement No.  04/2022/DR for different posts of Ayah/Ward Sahayika, Cook(OG), Housekeeping Staff (HKS) and Civil Mechanical Transport Driver in the Office of Command Hospital AF, Bengaluru, Air Officer Commanding, AF Station, Jalahalli, West Bengaluru, Air Officer Commanding, AF Station, Yelahanka, Bengaluru, Commanding Officer Training Command (U), Hebbal, Bengaluru & Air Officer Commanding, AF Station, Tambaram, Chennai and called for application from eligible candidates to the said posts.

b) The applicant being qualified candidate applied for the post of Cook (OG). The applicant had completed his matriculation on 22.09.2020.

Before applying for the post of Cook (OG), he had joined and worked as a trainee in the office of Officers Mess, Air Force Station, Jalahalli, Bangalore and is presently working in the said office as casual labour. Copies of the Matriculation Certificate, Training Certificate and EWS Certificate are produced and marked as Annexures-A2, A3 and A4. The applicant has trained for more than 2 years with experience certificate in cooking field in the Officers Mess, Air Force Station, Jalahalli, Bangalore. The applicant has continued in the said office as casual worker till today.

c) The Applicant submitted his application for the post of Cook (OG) under EWS quota in the office of 2^nd Respondent. After verification of the application submitted by the applicant, with regard to his qualification and eligibility, he was called for written competitive examination. Accordingly, the applicant wrote the examination on 19.08.2022 and after getting successful in the said exam, the applicant received the call letter for skill test which was scheduled on 19/09/2022. Applicant appeared and was successful in the said skill test. Thereafter, as per the request of the respondents, he submitted all original certificates for document verification.

d) The 3^rd respondent finally selected the applicant for the post of Cook (OG) and issued provisional appointment order dated 27.09.2022, wherein it is mentioned that applicant has been provisionally selected for the post Cook (OG) under EWS Category and the offer of appointment will be issued subject to completion of medical fitness and verification of character and antecedents. He was advised to report to station on 17 Oct 2022 - 21 Oct 2022, with original testimonials/certificates for educational qualification, age proof, community and other relevant certificates with 10 copies of passport size photographs. The applicant appeared on the said date personally before the office of 3^rd respondent and submitted all the original documents for verification and the same were accepted successfully.

e) The 3^rd Respondent, after receiving original documents from the applicant, neither issued appointment order nor returned the original documents to the applicant. There was no response from the respondents. No appointment order has bee