Dear Sir, I applied for a Job in an IIT and only 3 people got selected in it under UR category. Note: Institute advertises for job in once in 3years. First Rank was secured by Mr X (He is an ex serviceman) Second Rank was secured by Mr Y & Mr Z (Here Mr Y is an ex serviceman and Mr Z is me) Now, If 2 candidates score same marks in a written examination under UR category and the post belong to Group-B category then under what basis the allocation of that post will be decided. I know that as per tie breaker rule, candidate having more age will get the offer. However, the rule is silent for an ex-servicemen vs general candidate. Since ex-servicemen will always be older than any other UR/general candidate, hence here comes the discrepancy. Interpretation of the rule: Policy makers introduced the age rule just to ensure that elder candidate gets the chance as he/she has less/no chance to appear in future as is available to the younger one. My Case: (Cut off age was 35 yrs for UR category for applying to the Job) My Details (Mr Z) Present Age : 32 yrs (UR) now I have only 1 more chance to apply if institute publishes any job in next 3yrs as the frequency of job advertisement is very less. Ex-servicemen Details: Present Age : 39 yrs (Mr Y) Actual army service - 20 yrs Relaxation - 20 plus 3 yrs equals to 23 yrs. Resultant age for calculating eligibility is 39 minus 23 equals to 16 yrs According to this an ex-servicemen has 16 more years to apply for the same post however, I have almost zero chance because that institute recruits once in 3 years and I am out of competition now. This thing contradicts with the age rule as in this case ex-servicemen has got 16 more years / chances to apply for this kind of job against the younger candidate and the matter is not justified on the principles of natural justice. As per DoPT, for Group A & B posts only 5yrs relaxation is given to ex-servicemen under UR category. If this is the case, then Mr Y has less chance against me and he should get the job. Now comes the second contradiction. Mr X who secured First rank is 44yrs old and did some 25yrs service in army. If he gets 5 year relaxation then he is not even eligible to write the exam as after reducing 5 years in his present age, he stands at 39yrs where the cutoff age was 35yrs only. I don’t know whether I am unlucky or System has screwed me up. Please Help..
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First wait for the results to come, if you're not selected, you can file a petition in Central Administrative Tribunal (CAT).
Central Administrative Tribunal is the court of first instance with respect to cases related to service/ employment/ pension etc. etc. of all such organizations that fall within the jurisdictional ambit of the Tribunal.
Neither you are unlucky or the system has screwed you simple is that your interpretation is very correct if you are not satisfied with tie breaker rule then file a Writ before the Hon'ble High Court to get the true and correct interpretation.
Dear Sir, The result has already come and both the ex servicemen have joined the post. They dint even publish the result on the website. The institute is not even entertaining me. They are saying that i should go to the court of law for judgement and also warned me to bear the consequences in the next job exam which i have filled in that institute and is due to happen in June 2019. What should i do now. I am very much frustrated.
You can definitely approach Central Administrative Tribunal, but it is now up to you to decide whether you want to who file a case against them or not.
Also, they cannot do anything when you appear for your next job exam. Don't succumb to their threats.
Don't worry they know that they are wrong , file a writ .
Getting a government job in India is completely in your own hands. If you are fully determined and honest with your efforts then no one can stop you from getting your dream government job.
If there is any wrong then you can file write petition.
You need to approach the hc under writ petition in the said matter
Yes you should go ahead and file a writ petition in the HC.
Note that you will have to challenge the entire exam and make other two persons also a party to the suit since they will be effected parties
I would advise you to approach the court at the earliest so that there is no unnecessary delay in approaching the court from your end
Ex servicemen will be entitled to age relaxation as per their service with the defence services, which you cannot challenge because this is government policy.
It is not that you are dependent on this job alone for next three years.
You will get ample chances elsewhere in other departments
You should not get dejected or discouraged just because you could not get this job.
You may not be able to successfully fight against the government policies in this regard.
As opined earlier, you should not be frustrated on such petty failures, this is not the destination.
You have ample opportunities despite a downfall this time.
Dont lose your heart.
There is no use in fighting against the management on this concluded matter, better look for better opportunities than this instead of wasting your time, energy and money in fighting this non-maintainable cases.