• Irregularity in final merit of candidates

Dear Sir, I attempt an exam for a reputed PSU in 2012 in gujarat state. but i am not selected and no appointment offered to me. I filed an RTI and got a copy of marks obtained by all candidates during whole recruitment process stage wise i.e written exam and personal interview. I found that there are two candidates who have lesser marks than me. but they are selected and as of today he got promotion also. Around 5 years passed when they appointed. i have origional copy of RTI in which clearly shown obtained marks of each candidate, selected candidates list, advertisement copy. I want to know that if I filed a case against PSU, can i got the appointment for the due date since 5 years ago and all the benefits which the peoples got in this period. In how much time I got the decision?
Asked 1 year ago in Labour from Baghpat, Uttar Pradesh

1) you can file application in CAT against selection of candidates who were selected although they secured less marks than you

2)the issue would be what were you doing for 5 years .

3) you ought to have taken legal proceedings on discovery of fraud and not waited for period of 5 years

4) disposal depends upon pendency of cases in CAT

Ajay Sethi
Advocate, Mumbai
67939 Answers
4102 Consultations

5.0 on 5.0

1. Five years is a long time and even if you file a writ petition challenging the selection process then you will have to face hard task to explain the delay.

2. however if the explanation of delay is accepted by curt then the appointing authority will have to explain why and how the candidates with lesser marks have been preferred to you.

3. If there is no plausible explanation of such preference then their appointment may be cancelled and you may be given appointment.

4. However since you were not working for the last 5 years your appointment would not be given effect to retrospective effect and hence you may not be eligible for promotion till you serve further period.

Devajyoti Barman
Advocate, Kolkata
17936 Answers
253 Consultations

5.0 on 5.0

1. Firstly when did you get RTI, and exam results since 5 year is long delay you need some plausible explanation for same.

2.file a writ petition before high court along with all the documents relevant notification and criteria for selection. If delay explained high court can find reason and may direct your appointment.

3. There shall be no retrospective appointment from the back date.

4. This may take around 6 months to decide.the case by hc or can be more based on circumstances of your case.

Shubham Jhajharia
Advocate, Ahmedabad
20098 Answers
79 Consultations

5.0 on 5.0

Dear,

If you are filed a writ about this, then first question of court will be , where are you from last 5 years. So my suggestion for you that , prepare for other examination and don't waste money in legal proceedings, because it's too late.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

Why u waited for 5 years.

When u got the knowledge, they were selected on lesser marks.

Candidates with lesser marks belongs to same category of yours.

Yogendra Singh Rajawat
Advocate, Jaipur
13877 Answers
18 Consultations

4.6 on 5.0

Hello,

You can not get any relief now.

Any case filed by you will be dismissed on the ground of limitation or else you will have to explain the delay in reaching the court.

You would have filed a writ at the appropriate time and challenge the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17171 Answers
265 Consultations

5.0 on 5.0

You can surely file a case against the PSU and can bring into their notice that this discrepancy has happened. Before bringing them in court, you should file in the examination department of the PSU, if and all if they don't give you a proper reply , you can directly sue them in court, since the case is of service matter it will be dealt in fast manner and yes if it turns out in your favor, they will have to appoint you on the same post and you will be given all the due allowances and the benefits which you deserve.

Lakshay Rathore
Advocate, Ahmedabad
6 Answers

4.0 on 5.0

Then take legal proceedings as advised herein above

Mention fraud was discovered only in oct 2017

Ajay Sethi
Advocate, Mumbai
67939 Answers
4102 Consultations

5.0 on 5.0

Dear,

I understand your problem, but legal proceeding are too expensive to afford, and you are single earner

in your family also. Govt. has too much money to fight these types of cases. I again suggested you to don't

waste your money and time on this.

Tarun Agarwal
Advocate, Jaipur
769 Answers
3 Consultations

4.9 on 5.0

First of all you have to see whether you can file a writ petition for a recruitment processed 5 years ago.

You say that you have obtained information through RTI act and found two candidates with lesser marks have been selected, but whether have you gone through the rules of recruitment?

If the rules favor you especially in this respect, you may consult an advocate and file a writ before high court, the chances of winning your case cannot be predicted because it depends on merits.

T Kalaiselvan
Advocate, Vellore
57630 Answers
724 Consultations

5.0 on 5.0

I belongs to a middle class family and i had a lot of financial responsibilities for my family as i am the single earner. I got the proofs of this fraud through RTI in oct 2017. The selection committee played a big corruption game.

If you have substantial proof for fraudulent recruitment, you may proceed to file a writ petition seeking employment on the basis of lesser marks of the recruitment of a candidate selected, obtained through RTI act.

T Kalaiselvan
Advocate, Vellore
57630 Answers
724 Consultations

5.0 on 5.0

If corruption or the misdeed was uncovered in 2017 only you can explain the delay and file agaisnt same also kindly see the recruitment rules specifically regarding reservation and criteria.

Shubham Jhajharia
Advocate, Ahmedabad
20098 Answers
79 Consultations

5.0 on 5.0

Hi,

You are suggested to write an humble application for considering you in the employment and the fraud there upon. Send the application to chief secretary of state, vigilance and central government. If no action is taken in 45 days, you may approach to High Court under writ jurisdictions.

Ganesh Singh
Advocate, Delhi
3168 Answers
9 Consultations

4.5 on 5.0

Well, matter has been delayed enough, Usually court may not interfere, on cause raised at belated stage.U can file writ in High Court on the basis of RTI reply. don`t delay any more.

Yogendra Singh Rajawat
Advocate, Jaipur
13877 Answers
18 Consultations

4.6 on 5.0

If you can explain the delay to the court, then you may file the writ before the HC.

Filing the same and getting a relief will be a matter of luck at this stage.

regards

Anilesh Tewari
Advocate, New Delhi
17171 Answers
265 Consultations

5.0 on 5.0

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