New Delhi: The Central Administrative
Tribunal has refused to scrap the appointment procedure by the
UPSC for the post of Deputy Director in the Employees State
Insurance Corporation (ESIC) on the ground that the
advertisement issued by it for the job was vague.
Although, the Tribunal accepted the advertisement was
vague it said there is no such legal flaw which required
The Tribunal passed the order on a bunch of petitions
filed by aspirants Aushtosh Giri and others on the ground
that eligibility criteria that a person must have about five
years of experience in a responsible capacity was vague.
"Even though, about five years experience in a
responsible capacity is absolutely vague and it has resulted
into thousands of people making applications, but there is no
such legal flaw which may result in setting aside the
advertisement," the Tribunal headed by its Chairman V K Bali
The Tribunal agreed with the UPSC`s contention that
only those candidates would make it to the interview who will
satisfy the subsequent shortlisting criteria for the post.
"No doubt, because of uncertain and vague eligibility
criteria provided in the advertisement, thousands of
candidates may have been attracted to seek appointment on the
post, but in the ultimate analysis they would be called for
interview as per the criteria adopted for short listing," the
Tribunal, also comprising Vice Chairman L K Joshi, said.
The criteria for shortlisting was not vague or
unreasonable, the Tribunal said.
Dispelling the fear among petitioners, the Tribunal said
the petitioners would ultimately compete only with those who
answer the shortlisting criteria and would not be prejudiced
in any manner.
"We do not find any merit in the plea raised by the
petitioners that their chances of selection because of the
number of people applying would be reduced," it said.
"Even though it may be desirable that such criteria
should be provided in the advertisement itself so that those
who may stand no chance whatsoever may not be unnecessarily
bothered, the lack of that in the advertisment and later
making the criteria definite cannot result in annulling
advertisement as such," the Tribunal said.