Central Administrative Tribunal Principal Bench, New Delhi (Nainital Circuit Sitting Through Virtual Mode)

O.A. No.4071/2023 M.A. No.2835/2025 Order reserved on 17.12.2025 Order pronounced on 08.01.2025 Hon’ble Mr. Manish Garg, Member (J)

Hon’ble Dr. Sumeet Jerath, Member (A)

Seena Sahadevan, Age 37 years, W/o Sh. Sahadevan K, Sandhu House, Opposite to Hotel, Punia Tower, Dhuri Road, Sangrur, Punjab-148001 (Group-A).

…...Applicant (By Advocate: Mr. Barjesh Mittal)

Versus

1. Union of India through Secretary, Ministry of Health and Family Welfare, Nirman Bhawan, Mulana Azad Road, New Delhi-110011. Email:- secyhfw@nic.in

2. Executive Director, All India Institute of Medical Sciences, Rishikesh (Uttarakhand)-209203 Email:

aiimsrishikeshhelddesk @gmail.com

3. Medical Superintendent, All India Institute of Medical Sciences, Rishikesh (Uttarakhand)-209203 Email: aiimsrishikeshhelddesk@ gmail.com ……Respondents (By Advocates: Mr. D S Shukla, Mr. S N Verma)

O R D E R By Hon’ble Mr. Manish Garg, Member (J):

In the present Original Application filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following reliefs:–

“(1) That respondents be directed to produce the complete record/files with notings w.r.t. issuance of impugned advertisement (A-1) as well as examination notice dated 02.12.2023 (A-2) for kind perusal of this Hon'ble Court.

(ii) That impugned advertisement No.2019/170 dated 15.02.2019, Reopen Recruitment Notice dated 29.08.2020, Reopen Notice dated 13.09.2023, collectively appended as Annexure A-1 for recruitment by selection to 16 posts of ANS in AIIMS Rishikesh be quashed/set-aside.

(iii) That impugned examination notice dated 02.12.2023 stipulating the allocation of 100% marks in interview/viva-voce for making final merit list for selection to the post of ANS and treating the computer based screening exam only as screening test for shortlisting candidates be quashed/set-aside.

(iv) That respondents be further directed to issue fresh recruitment notice for holding recruitment by selection to 16 posts of Assistant Nursing Superintendent in AIIMS Rishikesh by categorically specifying/ publishing the criteria of selection in the advertisement and by holding selection/recruitment by combination of both written examination followed by interview and allocation of marks for both as per settled preposition of law in various judicial pronouncements from amongst eligible candidates in the interest of justice.

(v) That this Hon'ble Tribunal may also pass any other order for the grant of relief(s) to the applicants which it may deem fit in the peculiar facts and circumstances of the case.

(vi) That cost of this application be also awarded in favour of the applicant in the interest of justice.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted that it is the case of the applicant that the respondents initially issued the impugned advertisement on 15.02.2019 for the post of Assistant Nursing Superintendent (ANS). Thereafter, the said advertisement was closed. Subsequently, it was again reopened vide notice 29.08.2020, thereafter, it was again closed and once more reopened on

13.09.2023 for the said post.

2.1 Pursuant to the aforesaid Re-Open Notice dated 13.09.2023, another notice dated 02.12.2023 was issued, which inter alia provided that the selection for the post in question shall be made on the basis of interview.

2.2 The bone of contention of the argument of the learned counsel for the applicant was that, as per the said notice, the applicant is aggrieved by the condition whereby the marks of the Computer Based Test (CBT)/written examination were to be treated merely as a screening test and that only the marks obtained in the interview, i.e., 100%, were to be considered for the preparation of the final merit list, thereby completely ignoring the marks obtained by the applicant in the written examination.

2.3 It was the specific submission of the learned counsel for the applican