9911796707
TMI Blog2003 (7) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... ns including the private respondent applied and the candidates were called for undergoing written test on 24.4.2000 and interview on 30.4.2000 at Hyderabad. After passing the same, the contesting respondent was served with a Communication dated 25.5.2000 that he was selected for appointment to the post of Constable (Group C post) in the CBI in the pay scale of Rs. 3050-75- 3590-80-4590. The Chief Medical Officer - Civil Hospital, Cherthala, was also subsequently asked to examine him to find out and certify the candidate's medical fitness and forward the same in the prescribed form by 7.6.2000, indicating some of the details to be furnished therein in clear and specific terms, asking the candidate to report before the other Medical Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elect anyone, out of the way. The selection was, therefore, said to have been strictly in accordance with the governing instructions. It further transpired that the Director, CBI, on receipt of complaints relating to the selections made, constituted a Committee under the Chairmanship of a Joint Director with two Deputy Inspector Generals of Police, CBI, as Members to enquire into the same and on submission of their Report and considering the same, ordered cancellation of the recruitment process held at Hyderabad. Placing such information before the CAT at New Delhi, dismissal of the OA, as having become infructuous, seems to have been sought and the Tribunal also dismissed the same as having been rendered infructuous in the light of the sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the select list and an equal number of eligible candidates, thus, were considered to have been denied of their legitimate claims. It is for this reason, ultimately, the entire selection was found to have been cancelled and not otherwise. The Division Bench seems to have directed the production of the Committee Report and on being satisfied about nature of irregularities that only were noticed by the Committee on an exhaustive review of the entire process and the answer papers of both the selected and unselected candidates, while categorically rejecting as baseless the allegation of nepotism/favouritism, came to the conclusion that there was no justification to cancel the entire selections when the impact of irregularities and lapses, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... answer sheets and absence of official seals was also said to have undermined the fairness of the written examination. On behalf of the respondents, it was contended that there was no time gap in announcing questions in English and Hindi for discussion among candidates about possible answers; that, as a matter of fact, for every 10 candidates there was an Invigilator to supervise the test and that such stand now taken was never taken when counter affidavit was filed before the Tribunal in the OA and that, therefore, the well considered decision of the Division Bench of the High Court does not call for any interference. On a careful consideration of the contentions on either side in the light of the materials brought on record, including the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d situation by reevaluating the answer sheets of all the 134 successful as well as the 184 unsuccessful candidates and ultimately found that except 31 candidates found to have been declared successful though they were not really entitled to be so declared successful and selected for appointment. There was no infirmity whatsoever in the selection of the other successful candidates than the 31 identified by the Special Committee. In the light of the above and in the absence of any specific or categorical finding supported by any concrete and relevant material that widespread infirmities of all pervasive nature, which could be really said to have undermined the very process itself in its entirety or as a whole and it was impossible to weed out ..... X X X X Extracts X X X X X X X X Extracts X X X X
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