AJIJ AHMED KHAN Vs. DIRECTOR GENERAL ICAR

JUDGEMENT

(1.) BY virtue of advertisement No. Advt./CAZRI/ 1-96 dated 05.02.96, the Central Arid Zone Research Institute, Jodhpur, invited applications for filling up five posts of T-I (Field Assistant) and one post of T-II-3 (Technical Assistant-Botany) alongwith many other posts. In Clause (iv) of the note appended to the advertisement, it was clarified that there may be a change in the number of posts to be filled. Pursuant to the said advertisement, Ajit Ahmed Khan (present applicant), who is B.Sc. with Botany as one of the subjects and was eligible for being considered for appointment on the aforesaid two posts, was one of the candidates. He was called for interview for both the posts on two different dates, but was not successful as his name did not appear in the merit list of the successful candidates for either of the two categories of the posts.

(2.) By means of the present O.A. under Section 19 of the Administrative Tribunals Act, 1985, the applicant has challanged the selection process on variety of grounds. It has also been averred that as against the five posts of T-I (Field Assistant) and one post of T-II-3 (Technical Assistant-Botany) as had been advertised, the respondents have illegally made appointments of 16 and 3 persons respectively. He has challenged the appointment of the respondent Nos. 3 to 21 on the ground that since the number of posts to be filled as mentioned in the advertisement could not be enlarged, the said respondents were illegally appointed. The relief sought by the applicant is that the selection and appointments of respondents Nos. 3 to 21 made by the respondents Nos. 1 and 2 on the post of T-I (Field Assistant) and T-II-3 (Technical Assistant-Botany) be declared as illegal and void.

(3.) THE private respondents 3 to 21 have also filed a joint reply. THEy have taken the stand that they have been appointed after due selection in accordance with the Rules and Regulations framed by the department; that the applicant has no right to challenge their appointments. THEy have also filed certain documents to indicate that after completion of the probationary period, they have been confirmed and have been assigned the dates on which the substantive vacancies became available to them.