CENTRAL ADMINISTRATIVE TRIBUNAL CHANDIGARH BENCH O.A.No.060/1202/2017 Chandigarh, Order Reserved: 22.04.2024 Order Pronounced: 04.09.2024 HON’BLE SHRI RAMESH SINGH THAKUR, MEMBER (J) HON’BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)

Bheem Singh Purushottam, s/o Sh. Ram Chandra Purushottam, r/o Village & Post Office Nathawala, Tehsil Shahpura, District Jaipur, Rajasthan – 303103. (Group-C)

…Applicant (Advocate: SH. BARJESH MITTAL)

VERSUS

1. Employees State Insurance Corporation, Head Quarters Office, Panchdeep Bhawan, C.I.G. Marg, New Delhi through its Director General.

2. Deputy Director (Administration), Employees State Insurance Corporation, ESIC Model Hospital Sector-9A, Gurugram (Haryana) – 122001.

3. Medical Superintendent, Employees State Insurance Corporation, ESIC Model Hospital, Sector-9A, Gurugram (Haryana) – 122001.

…Respondents (Advocate: SH. K.K. THAKUR)

O R D E R (Oral)

Per: RAMESH SINGH THAKUR, MEMBER (J):

1. This O.A. has been filed against impugned notice dated 26.08.2017 (Annexure A-1) whereby candidature of the applicant for the post of Nursing Orderly in respondent ESIC Medical Hospital, Gurugram has been rejected. The applicant has prayed for the following relief:

i. Impugned notice dated 26.08.2017 (Annexure A-1) rejecting the candidature of the applicant for the post of Nursing Orderly in respondent ESIC Model Hospital, Gurugram, be quashed and set aside.

ii. Direction be issued to the respondents to consider the candidature of the applicant for the post of Nursing Orderly and further to order the applicant to appear for medical test and upon successful passing of the same to appoint the applicant on the post of Nursing Orderly w.e.f. the date when candidates securing lesser marks than the applicant were appointed and allowed to join with all consequential benefits.

2. The brief facts leading to filing of the present O.A.s are as follows. In December 2015 the office of respondent no. 3 issued Recruitment Notice inviting online applications for filling up the posts of Paramedical and Nursing Staff for ESIC Medical College/Hospitals in Haryana Region on regular basis for direct recruitment (Annexure A-3) and closing date for receipt of online applications was 06.01.2016, which was further extended. The relevant post in the present case is Nursing Orderly with relevant required eligibility qualification being (i) matriculation or equivalent from recognized board; (ii) elementary knowledge of 1^st aid; and (iii) one year experience in handling and dressing wounds in Govt. approved/ registered nursing home/hospital. 220 posts of Nursing Orderly were advertised (120 for UR, 41 for SC and 59 for OBC). The applicant applied under SC quota. Respondents conducted online written examination on 22.05.2016 and declared result of computer based test/online examination by issuing combined merit list for all candidates qua all posts advertised, and thereafter respondents issued communication dated 15.02.2017 showing final list of 219 candidates selected for post of Nursing Orderly against 220 advertised posts in accordance with marks obtained by the candidates wherein the name of the applicant is at S.No. 72 having scored 65.75 marks.

3. The applicant received communication regarding verification of documents and instructions therefor. Verification of documents was conducted qua the applicant on 31.03.2017. After verification of documents, office of respondent no. 3 issued notice dated 28.04.2017 intimating revised result for various posts including that of Nursing Orderly wherein name of the applicant is at S.No. 186 under SC category. Thereafter, office of respondent no. 3 issued impugned notice dated 26.08.2017 (A-1) intimating final list of selected candidates for Paramedical posts including the post of Nursing Orderly who were to appear for medical test on the basis of performance in written examination and subsequent document verification, wherein the applicant is at S.No. 218. The candidature of the applicant has been rejected by th