• Violation of the govt central govt order of reservation in group d & c posts of central govt

My name is Arun RA I am an ex-serviceman who had applied for the vacancy of Junior Assistant (Fire Service) for which applications were invited by Airport Authority of India (AAI) Southern Region vide SR/01/2018 published on its official website to fill up the posts at various airports in the Southern Region Exam had 2 stages namely CBT and Physical Endurance Test. (My roll no: [deleted], Application Seq No: AAISR1060646) Minimum Cut Off for Stage one was 50 marks and stage 2 was 60 marks. My individual scores for stages 1 and 2 were 54 and 82 respectively. My cumulative score was 136 out of 200. During the recruitment process, only age relaxation as given to ex-servicemen so that they can apply for the exam. In that advertisement published on the official website of AAI, only age relaxation was mentioned for ex-servicemen. The post of Junior Assistant (Fire Service) is a Group C post. No quota of the number of specific vacancies to be filled up by ex-servicemen was mentioned in it. But, in a letter originated by the Asst General Manager (HR) for Regional Executive Director, Southern Region, Chennai of AAI which was addressed to The Director, Directorate of Employment & Training, U T Administration of Lakshadweep, Kavaratti vide AAI/SR/2-1(6)/EA/2018/R&P dated [deleted], it is clearly mentioned that " Note: Reservation of Ex-Servicemen is Applicable". Age relaxation is given by all Ministries/Departments of the Govt Of India as per OM No 36034/3/2013-Estt(Res) dated 25 Feb 2014 to ex-servicemen to enable them to compete for job vacancies. That OM and others originated by DOPT already elaborately directs the Ministries/Departments of the Govt Of India to provide 10% vacancy for any Group C post reserved exclusively to ex-servicemen. The above mentioned OM also has instructions on definition of ex-servicemen, Application of ex-servicemen rules, reservation of vacancies, relaxation regarding age limit, relaxation regarding educational qualification, intimation of vacancies, priority in the appointment, relaxation of standard, liaison officer for reservation matters relating to ex-servicemen, etc. These rules were followed and the final list of selected candidates is grouped under 4 categories namely Unreserved, OBC, SC, and ST. No ex-servicemen category is shown which clearly means that ex-servicemen have not been given their 10% reservation quota when the list of candidates has been finalised. The list was published on 25th March 2019 and it is mentioned in the final list published that "2. While every care has been taken in preparing the above results, AAI reserves the right to rectify any inadvertent error or typographical mistakes at any time... There are other ex-servicemen also who had cleared both stages of the exam but are not in the final list. As it is, there is no ex-servicemen quota granted for this vacancy by AAI Southern Region. Kindly help me with any recourse available. Thanking you.
Asked 6 years ago in Civil Law

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6 Answers

send email to AAI southern region that no ex service category is shown in list of selected candidates 

 

2) mention that 10 reservation has to be given for ex service men  as per OM /2014 

 

3) if no action is taken on your complaint file writ petition in HC against AAI for failure to provide reservation for ex servicemen  

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

You are aggrieved over the partiality shown by the recruiting agency by not selecting you in the reserved category for Ex-servicemen.

As you say that there are various government OMs and gazette notification in this regard, you may first obtain the information for not selecting you  under ex servicemen quota (provided you have applied for this job under that category) and then you can file a writ petition before high court seeking releif as per the government orders.

You may take steps as per procedures of law in furtherance

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

If no reply is received you can file writ petition in HC 

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

First of all confirm if the conditions for employment have been violated by the recruiting agency.

If so then you can straight away approach high court with a writ petition.

However if you are frustrated over only the Central government laws not being followed by the recruitment board, then you have less chance to maintain the propose writ petition.

 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

Ex service men quota not provided separately but adjusted with reserved category. 10% quota may have provided from reserved categories and from general seats.

Ask them information under RTI. If not receive satisfying response than file WRIT in High Court.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Writ petition in high court is the speedy recourse

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

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