1. No, if it happens, file caveat in HC.
2. No
3. Yes.
4. Yes, they should take shelter of court
Left over reserved candidates due to own merit candidates in govt recruitment
Hello sir, Recently my friend got selection in CBIC through staff selection commission under obc category. SSC sent merit list to CBIC as meritorious OBC candidates (those who cleared UR cut off) under UR category , while zonal allocation by the CBIC these meritorious OBC candidates used own merit benefit and availed OBC seats for the better location which eventually lead to some UR seats vacant and some OBC candidates who are selected in OBC category in SSC merit without any OBC seats. Now CBIC allowed these unfilled UR seats to the leftover OBC students and mentioned that the appointment is subject to the decision of dopt and they have withheld these OBC candidates appointments till they get clarification from DOPT and these appointments are liable to be terminated, its already took 4 years for the result announcement, even after result declaration now this is happening .....please tell 1) will those OBC candidates lose their jobs? 2)the decision taken by cbic is it valid under reservation rules?? 3) will dopt give in favour of those candidates? 4)will those candidates hold their rights if they take legal help?
Asked 5 years ago in Labour
10 Answers
OBC candidates would not lose their jobs
2) DOPT should decide in favour of the candidates
3) they are at liberty to take legal proceedings for confirmation of their appointment
You need to challenge the same in writ petition before High court
1. No , legally they are selected for job , and cannot terminated.
2. Not valid , such decisions are changeable before the court
3. Yes,
4. Yes, After taking legal action , all candidates will hold their right .
The Law is Clear: Reserved Category Candidates Are Entitled to General Seats on the Basis of Merit.
In your case, situation is little different that to avail preferred location, successful candidates preferred to get selected on reserved seats instead on general seats.
There is no bar if the UR category candidate wants to get selected on reserved seat ever after obtaining merit. Left over UR seats shall be filed with general candidate only and cannot transfer for OBC reserved.
NO termination, maximum they can transfer in to general seats.
Decision is valid up to selection given to candidates in OBC seats.
DOPT will take its own decision, cannot be anticipated.
1. If the OBC candidate crosses the cut off limit then they would be considered as general category.
2. So selecting them as OBC was bad.
3. Now if the left over UR seats are fulfilled by remaining OBC then the anomaly is corrected.
4. So in such situation their selection can not be terminated by DOP. if this this is done then the action can be challenge before Tribunal or High Court as the case may be.
Dear Sir,
it is correct that nothing can be predicted as sure in this case and hence the writ petition should be filed against the department for direction for decision as soon as possible.
1. The candidates who have been wait listed cannot keep waiting for the decision of DOPT endlessly, some decision has to be taken in a reasonable time.
They can approach high court with a writ petition under the provisions of Indian constitution seeking relief or remedy to this.
2. The CBIC is bound by the said rules hence they are to abide by the procedures of law.
3. Cannot be predicted without knowing the background reason due to which the decision is delayed.
4. Without approaching legal forum they may not get any justice especially if they want to have their position cleared on this..
They can fight for their rights through high court
1) once selected cannot terminated.
2) it is not valid, those orders can be challenged by a writ petition under Article 227 of the Constitution.
1. Lose of job may be possible if DOPT find any discrepancy in the data or Recruitement.
2. Yes the decision is valid.
3. Yes those candidates can file writ petition before High court for consideration of OBc candidates for unreserved category posts.
