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TMI Blog2004 (9) TMI 710X X X X Extracts X X X X X X X X Extracts X X X X ..... e year 1996, she got her name enrolled with the Employment Exchange. She was possessing agricultural land of 10 Kathas having purchased from one Dwarka Prasad by a registered sale deed dated 1st March, 1995. She was also having a residential house in village Khajuhathi. 4. According to the appellant, a post of Extra Departmental Branch Post Master ("EDBPM" for short), Khajuhathi Post Office, Block Manjhi fell vacant as the EDBPM, Post Office, Khajuhathi got promotion. A notification was, therefore, issued for filling of the said vacancy and names of eligible candidates were called from Regional Employment Exchange, Chhapra vide a letter dated 14th October, 1996. According to the appellant, nine names were sent by the Employment Exchange. The appellant was found eligible, qualified and most suitable. Accordingly, the appellant was appointed to the said post by an order dated December 13, 1996. Since then, she is working as EDBPM, Khajuhathi. 5. The appellant stated that though respondent No. 6 was neither eligible nor qualified to be appointed as EDBPM, she was aggrieved by the appointment of the appellant and the action taken by the authorities and approached the Centra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as duly considered by the authorities in its proper perspective and a decision was taken that she was not eligible. The CAT ought not to have interfered with such a decision and should not have issued direction to the authorities to appoint her. The order, therefore, deserves to be set aside. It was also argued that a totally irrelevant and extraneous factor was kept in mind by CAT of marks obtained by two candidates at the Matriculation Examination. The counsel submitted that the necessary educational qualification was passing of Matriculation Examination and not marks obtained in the said examination. Once a candidate is eligible, his case is required to be considered in accordance with the guidelines and norms fixed by the Department and there can be no "preference" of one over the other. The said fact, therefore, should not have weighed with the authority and on that ground also, the decision is vulnerable. It was contended that a direction was issued by CAT to "appoint" respondent No. 6. No such direction could have been issued by CAT even if it was satisfied that the action taken by the authorities was not in consonance with law. The limited direction whic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Entry in Revenue Record is immaterial so far as the title or ownership of the land is concerned. That fact, therefore, could not have been considered by the authorities and the CAT committed no error of law or of jurisdiction in setting aside the action of the authorities and directing them to appoint respondent No. 6 as she was more meritorious. It was also submitted that since the relevant education qualification is Matriculation, marks obtained at the said examination would indeed be relevant and the Tribunal was wholly justified in placing reliance on marks obtained at the said examination. The order, therefore, required no interference. It was also confirmed by the High Court. Respondent No. 6 had approached the CAT as soon as the action was taken by the department but CAT took time in final disposal of the matter which should not come in the way of respondent No. 6 in getting appropriate relief. In any case, appropriate observations have been made by the Tribunal to accommodate the appellant, if it is possible. The counsel, therefore, submitted that the appeal deserves to be dismissed. 11. Having heard the learned counsel for the parties and having gone through the rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndidate must be qualified on the last date of making application for the post advertised or on the date specifically mentioned in the advertisement/notification. Qualifications acquired by a candidate after such date cannot be taken as qualification for the post and he cannot be appointed. 14. One of the guidelines issued by this Court reads; "B. The candidates selected must be qualified as on the last date for making applications for the posts in question or on the date to be specifically mentioned in the advertisement/notification for the purpose. The qualifications acquired by the candidates after the said date should not be taken into consideration, as that would be arbitrary and result in discrimination. It must be remembered that when the advertisement/notification represents that the candidate must have the qualifications in question, with reference to the last date for making the applications or with reference to the specific date mentioned for the purpose, those who do not have such qualifications do not apply for the posts even though they are likely to acquire such qualifications and do acquire them after the said date. In the circumstances, many who would otherw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... threadbare but cannot be agreed to as this will introduce an element of competitiveness in the matter of possession of property and earning or income for determining the merit of candidates for appointment as ED Agents. Proof of financial status is not only subject to manipulation but is also detrimental to merit. When the Constitution of India guarantees equal opportunity to all for their advancement, the reasonable course would be offer ED employment to the person who secured maximum marks in the examination which made him eligible for the appointment, provided the candidate has the prescribed minimum level of property and income so that he has adequate means of livelihood apart from the ED Allowance." 18. Regarding appointment and continuance of the appellant for a period of almost eight years in service, it may be stated that respondent No. 6 had approached a competent Tribunal for ventilating her grievance immediately after the issuance of order in favour of the appellant. It was because of the pendency of the matter before the Tribunal that respondent No. 6 could not get the case decided and the matter finally adjudicated. The learned counsel for respondent No. 6 is, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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