• Not eligible to write aiims tutor examination

Aiims bhubaneswar called for clinical instructor/tutor examination on 22-2-2016. In their notification it is published that a person with 3 years of experience in a teaching institution will be able to write the examination. (For your ref: As per Indian nursing council a tutor is a person who holds a Bachelor degree in nursing + 1 year of experience or a person who has Masters degree in nursing).There the disparity lies between Indian Nursing council and AIIMS administration.  I have Masters degree in nursing. As per Indian nursing council Iam eligible to write the clinical instructor/tutor examination because I possess minimum qualification of a tutor. Two days back AIIMS have uploaded  a list of eligible and non eligible candidates. About 700 people were eligible and 500 people were non eligible. How can I obtain a stay order against this recruitment? Will I get justice in this case? Where should i file a case against AIIMS administration? What may be the success rate? Does it come under Central Administrative Tribunal?
Asked 5 months ago in Labour from Bangalore, Karnataka
Dear Querist
First of all, inform me that you have three years experience in a teaching institution or not?

if not you are not eligible for the post, if you have and your name is mention in non-eligible candidate then you may file a writ before High Court or file a injunction case before CAT and pray for stay on recruitment process.

Feel Free To Call
 
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Hi 
Appeal against AIIMS order should be filed with Central Administrative tribunal- Cuttack. 

Where as Indian Nursing council in the year 2007 had issued a circular dated 12 March 2007 (F.No 1-5/GB-CIR)/2007  stating that for Clinical/Tutor Position
qualification and experience for post of Tutor/Clinical instructor is M.SC (N) or B.SC(N) with 1 year experience 

Whereas as per the advertisement dated 22-2-2016, it looks like the prescribed essential qualification is B.Sc. Nursing Degree from a recognized Institution/University OR
Registered Nurse and Midwife, with sister Tutors Diploma and Three years experience in teaching Institution.

So technically you can challenge the selection process in Central Administrative Tribunal

Hope this helps
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
1) you dont satisfy requirement laid down by AIIMS in its notification . 

2) if you had 3 years experience int teaching institute you would be eligible 

3) you may be satisfying requirements laid down By Indian nursing council but not that of AIIMS 

4) you may not get stay order against recruitment 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
1) You have to contact local lawyer in this regard 

2) if you are challenging terms of notification file writ petition in HC 
Ajay Sethi
Advocate, Mumbai
23284 Answers
1219 Consultations
5.0 on 5.0
contact any panelist who practice in Cuttack and deal in service matters
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
Your remedy is before the High Court alone and not CAT. You can challenge the decision of the AIIMS which can be quashed by the HC on the ground that the crieteria adopted by the institute to evaluate the eligibility is unreasonable and aribitrary.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
How can I obtain a stay order against this recruitment? 

You have to file a writ petition before high court against the AIIMS for this by producing all the evidences and documentary proof supporting your claim and can seek stay of the recruitment as an interim relief.





Will I get justice in this case? 

It depends on how you conduct the case with the supporting documents to your claim


Where should i file a case against AIIMS administration? 

A writ petition is the only option for the present against AIIMS, that can be filed before high court.





What may be the success rate? 

No prediction




Does it come under Central Administrative Tribunal?

This subject shall not come under that tribunal.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
Hi
(1) An application to the Tribunal shall be presented in Form I by the applicant in person or by an agent or by a duly authorized legal practitioner to the Registrar or any other officer authorized in writing by the Registrar to receive the same or be sent by Registered Post with Acknowledgement duly addressed to the registrar of the Bench concerned.

(2) The Registrar, or the officer authorized by him under rule 4, shall endorse on every application the date on which it is presented or deemed to have been presented under that rule and shall sign the endorsement.

(3) If, on scrutiny, the application is found to be in order, it shall be duly registered and given a serial number.

(4)Every application filed with the Registrar shall be accompanied by a fee of rupees fifty to be remitted either in the form of crossed demand draft drawn on a nationalized bank in favour of the Registrar of the concerned Bench and payable at the main Branch of that bank at the station where the seat of the said Bench is situate, or remitted through a crossed Indian Postal Order drawn in favour of the Registrar of the concerned Bench and payable at the post office of the station where the said Bench is situated
Suggest that you visit the bar association at Central Administrative tribunal - cuttack and hire a lawyer after verifying his credentials.
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0

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