• Regarding under employment in Govt. Defense organisation,DRD

Sir ,
I am a veterinary doctor, but got employed as STA 'B' in one of the institute of DRDO. This post(4200 Grade Pay) is a way lower than the post of a doctor (5400 Grade Pay).I got this job through CEPTAM-06 in which they clearly asked for a BVSC guy for the post of STA 'B' Iin Veterinary science, while for all other post they were asking only a Diploma guy , e.g for the post of mechanical /electronics the eligibility was only a diploma in mechanical/electronics.

 Unbelievably they also mentioned in this notification that Btech(4 year course) graduates are not eligible for this post as they are overqualified for it.But at the same time they are recruiting a Veterinary Doctor (Of 5 year course on the same post). 

I need a legal help to get a post which i deserve for. Is this comes under fundamental Rights?Please let me know how to proceed.
Asked 7 months ago in Constitutional Law from Delhi, Delhi
It is for the govt to lay down the eligibility criteria for various posts under it. The court do not review the same except if the criteria so laid down does not have any rationale or is violative of the fundamental rights of the citizens. Prima facie, it seems that the criteria is devoid of any rationale. So you can consult a lawyer personally and in detail to inquire if it may be challenged. 
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Centre for Personnel Talent Management, Defence Research and Development Organisation, Ministry of Defence was published the CEPTAM 06 Advertisement in Employment News dated 04-10 May 2013 for 844 vacancies and the Competitive examination was conducted in two shifts on 25th Aug 2013 in different examination centres in the country.
The selection was made on the basis Candidates meeting eligibility criteria like qualification, age, category, experience (wherever applicable) etc. during document verification process are allowed for trade/ skill test (wherever applicable) and interview.
Final recommendation of the candidates for the post has been made on the basis of merit obtained through percentage and weight-age of marks obtained in written examination and interview (85% for written and 15% for Interview). 
Thus this was the open competitive examination which you have volunteered after analysing the pros and cons and got selected after undergoing all the process.
Candidate should not possess higher qualification viz. M.Sc. or B.Tech, B.E degree as on last date for application is a pre-condition.  This clearly indicates that B.V.Sc. do not come under the category of above degrees.
You cannot agitate the decision of the government in  this regard.  
You can opt out if you feel that this  employment is not to your standard or quality.
In my opinion you may not have any chances to succeed even if you file a PIL in this regard because it is a government policy. and the court may not interfere in the government's policy in this regard.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
you can challenge it under article 14/16/21 of the Indian constitution. it indeed unfair that one professional UG degree is inferior than another professional UG degree.

BE and BVSC/AH are equivalent and article 14 provides that there should be equal pay among equals. the state cannot make classification among equals. if it classified it (classification ) must be fair, just and reasonable. [ E. P. Royappa vs state of Tamilnadu 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
you should file a writ before the high court under article 226 of indian constitution. 
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
The latest recruitment for the year 2016 for the posts of scientists-B post, the qualification if GATE and the the gate scoring as well as the interview shall fetch the job for the aspiring candidates.
In your case, for your post the specification or the required qualification is B.V.Sc.   You have chosen it yourself without anyone's compulsion, but agitating over it after having got he employment may not bring any solace to you. The department promotions rules are to be seen for a promotion to Scientist B post through rank at par with the direct recruitment.
You may clarify the rule in this regard.
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Constitutional Lawyers

Ajay Sethi
Advocate, Mumbai
23087 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5136 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2693 Answers
41 Consultations
4.9 on 5.0
S J Mathew
Advocate, Mumbai
1949 Answers
65 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1315 Answers
85 Consultations
5.0 on 5.0
Shashidhar S. Sastry
Advocate, Bangalore
1232 Answers
59 Consultations
5.0 on 5.0
Saptarshi Banerjee
Advocate, Kolkata
183 Answers
4 Consultations
4.9 on 5.0
Nahush Khubalkar
Advocate, Nagpur
44 Answers
4 Consultations
5.0 on 5.0
Shivam Sood
Advocate, Ludhiana
79 Answers
0 Consultations
3.0 on 5.0