We filed a case against Min of Renewable energy in CAT principle bench contending that no weightage to written exam marks were given in final merit list, only on the basis of interview all 50 candidates appearing in the interview (18 months after written exam results) were declared incompetent for the Sc. B post. Of course there is no mention of written or interview marks in the RRs of post, but past two selections were made on 85:15 basis. This time ministry deliberately kept any criteria silent in the advertisement for the post we appeared but in the CAT the ministry always reiterated that since it has no explicit criteria of weightage of marks,, it can fix 100 percent weightage to interview process and declare written as screening only, note that no mention in advertisement. The CAT accepted ministry argument and dismissed our petition. Here are the excerpts: In the “Ministry of New and Renewable Energy Scientist Group „A‟ posts Recruitment Rules 2015 (for short “the Rules”), the method of recruitment is stipulated in Rule 4. Sub rule (3) thereof, reads as under:- “(3) Recruitment for the post of Scientist “B” shall be made by direct recruitment as specified in Schedule-I.”. Screening and selection process for direct recruitment. The screening and selection process shall be as prescribed by the Central Government. The composition of the Eligibility Committee, Screening-cum- Short Listing Committee and Interview Board shall be prescribed by the Central govt. The Board did not find any candidate suitable for appointment as Scientist „B‟ in the Ministry of New and Renewable Energy, keeping in mind the technical competence and preparedness required for the job. The Minutes of the Interview Board may kindly be seen at Flat F/‟A‟. The Interview Board did not find any candidate suitable for being appointed as Scientist „B‟. It is fairly well settled that the courts and Tribunals cannot sit in judgment over the findings recorded by the Interview Board, Screening Committee or Selection Committees. Case Dismissed.
How come no procedure for selecting the candidates was not prescribed in the notification. It should have been prescribed.
Selection at such a post cannot be done arbitrarily without any reasons fir rejection.
Moreover why was the written exam taken when no weight was given to it in the final selection. You should challenge the CAT order.
Regards
You can try taking remedy by filing writ petition in High court.
What is that you want to clarify by posting this message or information here?
For points to file writ petition, you have to sit with the advocate practicing in high court and discuss all the points relevant to the case based on the relevant documents in your possession.
100 per cent weightage should not be given only for interviews
sine weightage has to be given for written test
you have arguable case before HC
If a section process is consisted of both written test and oral interview then due consideration is to be goven to marks obtained in both the tests though it is not illegal if one test is given more preference.
Now problem is whether candidates were aware of the Rule that marks of interview will alone alone be given credibility.
If so then taking participation in the same process without raising a murmur of protest debar them to challenge this process of selection.
Otherwise it is a good case where the Judicial Review can be exercised by the high court.
Every petition for the issue of any direction, order or writ in the nature of mandamus, prohibition, quo warranto or certiorari, mentioned in Article 226 of the Constitution of India, shall be in writing and shall set out the name and description of the petitioner, the nature of the relief sought and the grounds.
Since matter is related to scientist post (sensitive) - court may have restrictive appraoch to interfere. Still point can be raise in appeal that since advertisement was silent on the aspect of selection, candidate will only perceive past rules of appointment.
Rule 3 authorizes central govt. to composition of the Eligibility Committee, Screening-cum- Short Listing Committee and Interview Board shall be prescribed by the Central govt.
But this can be done before the advertisement is issued and not later without any procedure followed. And previously out most weight age was given to written exam 85% so to negate that approach require strong reason.
Hence , appraoch of Min of Renewable energy to weight only interview that also without any previous directions is arbitrary and lacking absolute rationalism and transparency.
Further another recruitment process for same post will waste time and money of public fund and resultant unfair approach against the meritorious candidates.
You should point out previous selection criteria of department in writ petition and argue that the criteria of selection should remain same if no criteria is mentioned in new notification.
Apparently there is no merit in the case.
Court can only look into the irregularities if any in the selection process. Whether it was biased or arbitrary.
If you think there was such elements in the section process, you can challenge the CAT order in high court. You have to go for appeal.
