CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH: NEW DELHI

O.A. No.1190 of 2013

Orders reserved on : 11.12.2018

Orders pronounced on : 20.12.2018

Hon’ble Ms. Nita Chowdhury, Member (A)

Hon’ble Mr. S.N. Terdal, Member (J)

Pradeep Kumar,

R/o House No.54,

Gali No.3, Navlu Colony,

Ballabhgarh, Distt. Faridabad,

Haryana.

....Applicant

(By Advocate : Shri M.K. Bhardwaj)

VERSUS

All India Institute of Medical Science

Through its Director,

Ansari Nagar, New Delhi.

.....Respondent

(By Advocate : Shri K.P. Gautam for AIIMS)

ORDER

Ms. Nita Chowdhury, Member (A):

By filing this OA, the applicant is seeking the following

reliefs:-

“i)

To direct the respondents to declare the applicant

as selected candidate for appointment to the post

of Operation Theater Assistant in AIIMS and issue

necessary directions for appointment of applicant

to the said post of OTA.

ii)

To declare the action of the respondents in

changing

the

final

result

as

notified

vide

notification no.91/2012 as illegal and unjustified.

iii)

To direct the respondents to operate result

notification no. 91/2012 dated 17.09.2012 and

consider the applicant for appointment to the post

2

of Operator Theater Assistant in AIIMS with all

consequential benefits.”

2. Brief facts of the case as enumerated in the OA are that

in August, 2010, the respondents issued Advertisement for

appointment to the post of Operation Theater Assistant (OTA)

in AIIMS. As the applicant was fulfilling all the eligibility

conditions, therefore, he also applied through proper channel

for consideration of his claim to the said post.

2.1

The applicant was issued admit cadre to appear in the

written test scheduled for 28.7.2012 in SC category in which

he appeared and declared successful and therefore, he was

called for interview on 28.8.2012.

2.2

The result of written test as well as interview was

declared by the respondents vide notification no.91/2012

dated 17.9.2012. A perusal of the said notification makes it

clear that the result has been declared category wise, i.e.,

General, SC, ST and OBC. The applicant has been declared

successful in SC category as his name is appearing at Serial

No.3 against his roll no.1036 with rank 187.

2.3

After declaration of the aforesaid result, the respondent

was required to issue of offer of appointment after verification

of documents. However, when nothing was done for long, the

applicant approached the respondent for the reason for delay.

3

The applicant alleged that he was informed that the needful

would be done without any delay.

2.4

However, all of a sudden in February, 2013, the

respondent issued another notification dated 19.2.2013 by

terming the same as final result notification wherein the

name of the applicant was deleted and included two more

name, i.e., Mr. Rakesh Roy and Mr. Sugan Chand Singh, Roll

No.1177 and 1315 without recording any reasons as to why

and on what basis, they removed the name of the applicant

from the select list.

2.5

Aggrieved by the same, the applicant approached the

respondent personally and requested to consider his claim as

well. However, when nothing was done, the applicant

approached National Commission for Schedule Caste, which

was received by the said Commission on 25.2.2013. However,

no

action

whatsoever

has

been

taken

on

the

said

representation.

2.6

When the respondents have proceeded further to give

appointment to the other selected candidates, therefore, the

applicant has left with no remedy except to approach this

Tribunal seeking the reliefs as quoted above.

3. In response to notice, reply has been filed by the

respondent in which the result of written test as well as

interview was declared by the respondents vide notification

4

No.91/2012 dated 17.9.2012. A perusal of the said

notification makes it clear that the result has been declared

category wise i.e. general, SC, ST and OBC. The applicant has

been declared succes