• Selection against parallel reservations

Sir,
I am the employee government/ semi govt. company of Maharashtra state power generation company. There was a recruitment of JE(junier Engineer) in company and I have aplied through employee quota in open catogery. In this quota there was reservation as Open - 08(05- general, 02 - WR, 01 - Ex Ser), OBC - 02, SC - 02, & ST - 01, Total - 13.
 After online exam they put provisional select list / wait list in which I have got selected in Open reservation (42.78 Marks)against non availability of parallel reservation(WR & Ex. Service) at eight th spot . After one week they put revised selection list in which they put me in wait list. Company put one OBC candidate instead of me having same marks(42.78 Marks) as me. When I asked they replied that the OBC candidate having same marks as me is elder than me(Age factor) hence he got priority hence he is upon you.
 But my point is that they have wrongly selected last two candidate of OBC catogery against the post which is against parallel reservations(not available). and should be filled by open seat candidates only. I should be selected there as I am in open category. what should I do next? Let me guide.
Asked 7 years ago in Labour

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4 Answers

1. There seems to be apparent irregularity in giving appointment to different person at different points of time in respect of same job.

2. Thought it's right that there is no vested right of appointment for select list candidates, it doesn't mean that nothing could be done in your case.

3. So without wasting further time challenge the new appointment allowed at your cost before the high court in writ jurisdiction.

Good luck

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Writ petition lies in high court only.

To advise more you have to share with your papers.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

But my point is that they have wrongly selected last two candidate of OBC catogery against the post which is against parallel reservations(not available). and should be filled by open seat candidates only. I should be selected there as I am in open category. what should I do next?

You should first exhaust the remedies available within the organisation by making a representation to the top management in writing, venting out your grievances and seek relief and remedy for your situation.

If you dont get any positive response or if you feel being done with injustice, you may aproach the appropriate legal forum seeking remedy and relief.

You can discuss with a local service law practicing advocate at length by producing all relevant documents before him and then take a decision based on the discussion you had.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

I want more advice in details regarding my question. Where to writ pitition in high court, MAT, or Labour court and under what circumstances?

I you have decided to file a writ before exhausting the remedies available within the organisation, it may become fatal to your case in the writ court.

however, please be aware that the writ petition has to be filed before high court only.

T Kalaiselvan
Advocate, Vellore
85424 Answers
2239 Consultations

5.0 on 5.0

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