• Not selected for a job inspite of having vacancies

Hello,
I am a Phd in civil engineering from a IIT and a postdoctoral research experience from United kingdom and 1 year teaching experience from NIT ( 2 years post phd experience). 
I had applied in NIT srinagar for the post of Assistant professor and was shotlisted for the interview. There were a total of 8 vacancies and only 5 canfidates were found elligible and called for the interview. I was having the highest marks as per the selection criteria (the selection criteria was made and 70 marks were given to credentials and 30 marks to interview) 
Only three guys were selected out of five and it is being said i was droped because my interview was not upto the mark (my interview ran for 45 mins and in all i couldnt asnwer 3-4 questions)
What is your take on moving to the high court for this. I am not against the selection of other candidates, i just am asking why i was dropped inspite of having the vacancies and highest internal merit.
It is worth mention that i had 47 points out of 70 while one of the selectees had only 34. 

Could you please give me suggestions on this.

Thanks

Shah
Asked 4 years ago in Labour

4 answers received in 30 minutes.

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22 Answers

It is the decision of the selection committee in case you not appropriate for the position even if there is a vacancy and any inappropriate candidate cannot be selected if you have any problem with the selection procedure and committee then the option to go to the Jammu and Kashmir High Court in this regard as a mandamus writ petition

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir you can take up.the matter before.the jurisdictional high court that inspite of such written performance on what criteria your interview was judged the matter can be obviously filed and contested there can be chances high court pass an order in your favour so engage a good high court advocate and make detailed petition along with ask your interview details marks criteria through RTI.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Eligibility and suitability are the two different aspects for selection off course you are eligible that's why you are called for interview as you yourself accepted that the interview was are 45 minutes and you have not answered two three questions it depends on the board to recommend you for selection and in case they did not find this table for the selection they would have dropped you.

Please read the answer in case you find it suitable

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Sir if this was the case then I would highly recommend you to approach high court and take a chance at least you will.get to know on what basis the candidature was denied or what was the criteria for interview when recommend for the higher post that you failed to clear.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If you were the most meritorious candidate, there was no occasion not to offer the present position to you.

In no case the selection committee could have undermined your merit and selected a candidate who was placed below you in the merit list.

Fit case to approach the High Court and file a writ of mandamus.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Take a chance and approach the High Court.

You have nothing to loose even in case you do not succeed in the High Court.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Yes definetly you can move the High Court and challenge the entire selection process.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

If you are eligible for the post, then seats can not be left vacant in any manner what soever.

Go ahead and file a writ in the HC.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear sir,

You can approach concerned Service Tribunal or High court seeking a mandatory direction against the recruiting authority to give an appointment letter since you scored highest points. Hire services of an advocate exclusively practicing on services side.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

you can file writ in HC against selection of candidates who scored lower marks than you

2) you are highly qualified and scored more marks but candidates having lower marks were selected

3) you have good case on merits

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

your name was recommended by screening committee

2) you were recommended for higher grade than applied for

3) you should file writ in HC against selection of candidates who had scored lower marks

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Your case is fit for a Writ so please make a hurry. Discuss with High Court lawyer soon.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

That is what I am saying, even of you score the lowest, they have to fulfil the vacancy, until and unless there was some cut off/ minimum eligibility that you didn’t qualify.

Regards

Let me know if you need some adv in JnK

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir first of all is there any passing criteria or minimum marks criteria in Interview. If so they failed you keeping below same as the same can be only reason you are not given job as you have not qualified the minimum and post are kept vacant.

So now in writ you can challenge the same that even though having experience and marks you were failed in interview so the interview criteria can be asked and further be challenged.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

File RTI application and obtain marks obtained by various candidates

Then decide your next course of action

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

What is your take on moving to the high court for this. I am not against the selection of other candidates, i just am asking why i was dropped inspite of having the vacancies and highest internal merit.

It is worth mention that i had 47 points out of 70 while one of the selectees had only 34.

If you are aggrieved by the results, you may gather the information through RTI act and on the basis of information you may file a writ petition before high court seeking justice if there was any discrimination shown towards you for any reason.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

However in my case, my candidature was screened and found eligible for the post and the recommended by the departmental screening committee. Not only this, I was recommended for higher grade than I had applied for, based on my experience and research credentials.

Could you please comment on this.

If you are confident that you are having full requirements and deserve to be selected, nothing stops you from giving a try through high court for an opportunity.

Let the court give a verdict, you may accept the same if found reasonable or you can even prefer an appeal against the aggrieved decision of the high court.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

What i ask is that given the possibility that i was given the minimum marks in interview and that put me behind the other three candidates. Now they selected only three candidates out of five even though the vacancies are eight (8). What is the standing of the case if filed.

You may put forth your arguments based on your findings and also the criteria for the posts.

If you have fulfilled all the requirement then you can prove that by providing documentary evidence to that effect and fight against the discrimination.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Positive, don't worry file.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You can file a writ of mandamus in High Court of your state in order to get the selection process certified as it was done in a Clandestine manner as you had the maximum marks and were not selected for the post.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can use the recommendation by the departmental screening committee in your petition in High Court to show that you at bonafide reasons to be selected as you had the maximum marks as well as well as requisite qualifications/experience for the job.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You would have a very good prima facie case as the advertisement was issued for 5 candidates and the opposite party would have to give very strong reasons before the court to reject your candidature, which they would not be able to do and in that case you would get the job

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

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