CAT rejects scrapping of appointment procedure of UPSC
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Last Updated: Monday, April 12, 2010, 22:35
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 quashing.

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 said.

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.


First Published: Monday, April 12, 2010, 22:35

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