Reserved CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH JABALPUR BENCH (Circuit Sitting at Bilaspur)

Original Application No.203/898/2018 Bilaspur, this Friday, the 9^th day of January 2026 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER Mahesh Kumar Sharma, S/o Shri Pukhraj Sharma, Aged about 27 years, R/o Oswal Line Behind Jain Dadabadi. Tahsil & District Rajnandgaon (C.G.) 491441.

-Applicant (By Advocate – A.V.Shridhar)

V e r s u s

1. Union of India through the Secretary, Ministry of Health and Family Welfare, Near Udyog Bhawan, Metro Station, Maulana Azad Road, New Delhi, Delhi 110001

2. Deputy Director, All India Institute of Medical Science Raipur AIIMS Tatibandh GE Road, Tahsil and District Raipur (C.G.) Pin Code –

492099.

-Respondents (By Advocate – Shri Sidddharth Rathod)

O R D E R

By Mallika Arya, Administrative Member-

In the present Original Application, the applicant participated in the selection process pursuant to the advertisement No. & 'C'/2016/AIIMS.RPR/ Dated 10.03.2016. The selection was based on Computer Test (CBT) and Typewriting Skill Test. The applicant contended that in the typing skill test, the candidates were required to choose a language of their own preference i.e. Hindi or English. The candidates who preferred Hindi were required to type 30 words per minute whereas the candidates who preferred English were required to type 35 words per minute. The applicant has stated that after the result of typing examination was declared, he filed an application under Right to Information Act, 2005. As per the information received Shri Jeevan Kumar and Yogendra Kumar who had not completed the typing test were also declared qualified.

2. The applicant has contended that after conducting the computer based examination, the objections were called by the respondents. He raised certain objections in relation to the questions. However, neither the objections were considered nor the answers with regard to the question paper were published. Although vide notice dated 24.05.2017 it was notified that objections with regard to a total of 9 questions were accepted. However the questions were not mentioned in the aforesaid notice. Further information was received by the applicant through RTI that 4 out of 5 objections had been accepted. However the questions were not mentioned nor the marks have been published.

3. Respondents have filed their reply stating that the applicant participated in entire selection process of recruitment for the post of LDC on Direct Recruitment basis in AIIMS, Raipur. He could not get selected. They have contended that the skill test was only qualifying in nature. Final selection was made on the basis of marks obtained by the candidates in the Computer Based Test. Accordingly, the final result was declared vide Notice No. 5/1/2017-AIIMS Rpr dated 21.02.2018 in which 30 candidates were placed in the Select List and 15 candidates were kept in the Waiting List. As per the procedure followed in AIIMS Raipur, the names figuring in the waiting list were not declared. The Waiting list was valid for one year from the date of declaration of result. It was to be operated in the event of any candidate figuring in the select list failed to join. The respondents have submitted that since the recruitment process is over and the validity of wait- list was only upto 20.02.2019, the applicant cannot challenge the selection process at this belated stage.

4. Learned counsel for the respondents has further submitted that if a candidate has participated in the selection process, knowing well the criteria laid down in the advertisement, he cannot be allowed to challenge the same after declaration of result. Thus, the learned counsel for the respondents has prayed that the applicant is not entitled for any relief and the OA merits to be dismissed.

5. We have heard the counsels for both the parties and also perused the pleadings on record. Admittedly the present O.A has b