The applicant failed to secure employment due to miscategorization, emphasizing the need for accurate category declaration to access reservation benefits.

ORDER

PER: HON’BLE MR. VARUN SINDHU KUL KAUMUDI, ADMINISTRATIVE MEMBER

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

“To grant appropriate relief declaring the action of the 1^st and 2^nd Respondents not considering the case of the applicant for appointment to the post of Post Man/Mail Guard against the ST vacancies in pursuance of notification No.RE/1-22/PM & MG/DR/2013 & 2014, dtd. At Hyd-1 the 16.1.2015 issued by the 1^st and 2^nd Respondents while appointing candidates who got lesser marks than the Applicant, in considering the representation made by the applicant dt.06.05.2015 as arbitrary, illegal and unconstitutional violating Article 14, 16 and 21 of the Constitution of India and issue consequential directions directing the Respondents to forthwith consider the case of the applicant for appointment to the post of Post Man/Mail Guard against the ST vacancies in pursuance of the notification No.E/1-22/PM & MG/DR/2013 & 2014, dtd. at Hyd-1 the 16.1.2015 issued by the 1^st and 2^nd Respondents in considering the representation made by the Applicant dt.06.05.2015 ignoring the Proceedings No.B2/PM/DR/Exam-2014 dtd. at Hyd.80 the 25.05.2015 issued by the 3^rd Respondent with effect from the date of appointment of the ST candidates who got lesser marks than the applicant with all consequential benefits including seniority and pass such other order or orders as this Hon’ble Tribunal deems fit and proper in the circumstances of the case.”

2. The facts of the case, in a nutshell, are as follows:

i. The applicant submits that he belongs to the Scheduled Tribe community and he is fully eligible and qualified for appointment to the post of Post Man/Mail Guard.

ii. The 1^st & 2^nd Respondents issued a notification for direct recruitment, vide notification No.RE/1-22/PM & MG/DR/2013 & 2014, dtd.16.01.2015. So far as the Secunderabad Division is concerned, 5 posts of Post Man/Mail Guard were notified for ST candidates, apart from 19 for OC and 12 for OBC, prescribing the minimum educational qualification for the said post as Matriculation/SSC from a recognized Board or University.

iii. The applicant applied for the aforesaid post of Post Man/Mail Guard online, with reference ID No.A310100A46B16. While filling up the online application, at Column No.3, i.e., ‘Category Applied For’, he had mentioned ‘General’ and at Column No.4, i.e., ‘Special Category Applied For’ he had mentioned ‘No’. At the 5^th Column, pertaining to community, he had mentioned ‘ST’. As there is a separate column, i.e., Column No.5 exclusively with regard to the community, the applicant states that he felt that Column No.3 ‘Category Applied For’ does not pertain to the community/social status and, therefore, he did not mention that he had applied for the said post under the Scheduled Tribe category.

iv. The applicant also made the point that even though he belongs to the Scheduled Tribe community, which is already stated in the application, in the event of the applicant getting higher merit/rank/marks, on par with OC candidates, the applicant is also entitled to get appointment against the OC category post, notwithstanding the fact that he belongs to the Scheduled Tribe community. Because of these reasons and, more particularly, as there is no clarity in Column No.3, the applicant says, he had filled up ‘General’ in this column.

v. As the applicant belongs to the Scheduled Tribe community and since ST candidates are exempted from paying the examination fees, the applicant had paid Rs.100/- only towards application registration fees. He was issued hall ticket No.1046150535 with