B.S.CHAUHAN, J. - (1.) THIS writ petition has been filed against the judgment and order dated 16th July, 2003, passed by the learned Central Administrative Tribunal setting aside the appointment of the present petitioner and issuing direction to the respondents to reconsider the whole case including the candidature of the respondent No. 4 in this petition.
(2.) FACTS and circumstances giving rise to this case are that one vacancy of EDDA -EDMC, Shukulpur (Bharatganj), Allahabad became vacant on 5 -12 -1996. Three names were requisitioned from the Employment Exchange, Allahabad in 1997. However, the department considered it proper to invite the applications from the open market. For the same post advertisement was issued in the local newspapers having wide circulation in the area. In response thereto, large number of people had applied and there applications were considered. Candidature of the present respondent No. 4 was not considered for the reason that he did not apply in pursuance of the fresh advertisement in the local newspapers and the candidature of candidates whose names had been sent by the Employment Exchange were not considered. The present petitioner had applied in pursuance of the advertisement in the local newspapers as well as his name had been sponsored by the Employment Exchange. After the selection, present petitioner stood appointed. Thus, being aggrieved, the present respondent No. 4 had challenged his appointment. The application has been allowed by the learned Tribunal. Hence this petition.
(3.) SHRI A.S. Diwakar, learned counsel for the petitioner has submitted that as the respondent No. 4 has not applied as fresh in pursuance of the advertisement in the local newspapers, his candidature has rightly been rejected by the authority concerned at the time of appointing the petitioner and there was no justification for the learned Tribunal of set -aside the appointment of the petitioner.;