• Can a senior demonstrator be reappointed on a tenure post?

I was working in PGIMER as senior demonstrator in department of Biostatistics. Tenure of my post was from 1.7.2017 to 30.6.2020. The post for refilling of the same designation was advertised on 1.05.2020. For which I too filled the form again and cleared the CBT dated 26.6.2020. I was the only candidate who qualified the exam and no other candidate could qualify. But again a notice was published on 27.6.2020 on the website stating that I’m not eligible for the post with response - “ the tenure of post is going to finish on 30.6.2020”. A submitted the representation to higher authorities as the next step was interview which was scheduled on 1.7.2020. I was affirmed the response well in time before the interview to be conducted. I was asked by department to be present for interview which I gave in the morning of 1.7.2020. Later in afternoon I got email that I’m not eligible without stating any reason. And when I asked the concerned recruitment head he said your interview will not be considered. Nothing is given in written to me as why I’m not eligible. Just verbally they are saying that a person who has completed the tenure cannot be recruited for tenure post again. They asked me if I can get proof that a person can reapply for tenure post than we shall consider. Please guide me. I am being harassed a lot. The advertisement just stated the qualification as phd in concerned subject which I am. Only for senior residence it was mentioned that they cannot apply again. They are implying the same rules to me post. I’m applying as fresh recruitment for the said post. All the advertisements are on PGIMER Site and post is of senior demonstrator. My name is POOJA Bansal. Roll no 90348
Asked 4 years ago in Labour

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11 Answers

Your rejection is arbitrary. Advertisement no where bars re apply. Your candidature is perfect. Have to challenge the rejection in HC. 

Yogendra Singh Rajawat
Advocate, Jaipur
22621 Answers
31 Consultations

4.4 on 5.0

This is not only ridiculous but against the principals of justice ,instead of not recruiting you ,you should be given weightage so file a writ if not recruited.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

1. The terms of eligibility and selection as per the advertisement can not be changed later on. In other words the rule of the game can not be changed after the game starts. 

2. Now if you applied before expiry of your tenure then you were not the fresh candidate in the reelection. 

3. If your candidature fulfills the advertisement criteria then you can challenge the actions before the AFT and then Supreme court. 

Devajyoti Barman
Advocate, Kolkata
22810 Answers
487 Consultations

5.0 on 5.0

File a writ petition in HC

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

If you are planing for taking legal action against the institute for rejecting your candidature for the said post despite you are qualified and you are the only candidate available qualified for the post advertised, you may first send an application demanding the reasons for rejecting your candidature through RTI Act.

After obtaining it you can file a writ petition before high court seeking releif and remedy against the institute for accepting your candidature and to appoint you as per the provisions of law.

Contact a service law practicing advocate and proceed with further legal action as suggested.

T Kalaiselvan
Advocate, Vellore
84851 Answers
2185 Consultations

5.0 on 5.0

You need to first file representation before the said dept. Later writ petition can be filed before high court for seeking directions

Prashant Nayak
Advocate, Mumbai
31907 Answers
179 Consultations

4.1 on 5.0

Dear Sir/Madam,

You are suggested to approach the High Court with the writ petition challenging the arbitrary and illegal action by the PGI MER. 

 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You may approach the High Court Under Article 32, File a writ petition. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Well i am a service lawyer in chandigarh. I can say that in this case you can challenge the order of the department in cat chandigarh. They are doing a wrong thing and you can challange there speaking order in cat and then high court chandigarh. Just do not delay and there is no need to worry.

Best of luck

Tarun Singhal
Advocate, Chandigarh
38 Answers

5.0 on 5.0

1. You should go through the service rules for the post if you can get copy of same from the department.

2. If they refuse to provide you copy of the same ask details from RTI application.

3. You can file writ petition against department for considering you for the post as you are the only eligible candidate for the post and it was no where mention that previous post holder cannot apply for the same post. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

This is pure harassment. You should file a harassment complaint against the hospital for gender discrimination and harassment at workplace. They must be having an internal complaint committee. If they don't then file a petition for the same in the high court.

Challenge the notification which has ignored you despite being the only candidate to qualify.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

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