ORDER
P. Lakshmana Reddy, J. (Vice Chairman)
1. This is an application filed challenging non-consideration of the applicant for selection for the post of GDS MC at Ambavaram Branch Office and for declaration that the selection of the third respondent as illegal and arbitrary and to set aside the proceedings No. 136/GDS dated 27.6.2005.
2. The relevant facts of this OA are as follows:
The applicant, Shri M. Tulsi Ram Naik belongs to S.T. Category. The second respondent, Sub-Divisional Inspector (Postal), Giddalur Sub-Division, issued a notification vide Memo No. PP/GDS MC/Ambavaram dated 14.5.2005 inviting applications from ST candidates for the post of GDS MC at Ambavaram Branch Office. In response to that notification, the applicant applied for the said post by sending an application along with required documents through an ordinary post. In the notification itself it is mentioned that the interview will be held on 20.6.2005 at the office of SDI (P), Giddalur at 10.00 am and all those who applied for the post should appear for the interview along with original documents. The last date for receipt of the application in the office of the SDI (P), Giddalur was 16.6.2005. The application of the applicant sent by ordinary post was received in the office of SDI (P) prior to 16.6.2005 and on 20.6.2005, the applicant attended for interview but the sealed cover in which he sent his application along with the documents required to be annexed was not opened on the ground that the said sealed cover was not sent by registered post and on that sole ground his application was not taken into consideration. According to the applicant, he obtained 376 marks in the SSC Examination, and had his application been considered, he would have been selected as he obtained more marks in the SSC Examination than all those applicants who were considered on that day and further, the third respondent who was selected got only 30 marks in the SSC Examination. Aggrieved of the said selection of third respondent, the applicant filed the present OA seeking the following reliefs:
The Hon’ble Tribunal may be pleased to call for records pertaining to the selection of third respondent as GDS MC, Giddalur Sub-Division vide appointment order dated 1.7.2005 by considering the applications sent through registered post only as highly illegal, arbitrary and unconstitutional and consequentially appoint the applicant as GDS MC as per merit by setting aside the appointment of third unofficial respondent.
3. The first respondent filed reply on behalf of respondents stating that the post of GDSMC, Ambavaram Branch Office was notified on 14.5.2005 by fixing the last date for receipt of applications as 15.6.2005 from the ST Community people stating that the applications are to be sent in sealed covers and those covers will be opened in the presence of all the candidates applied on 20.6.2005 by R-2 and that in response to that notification they received 13 registered letters and the selection committee consisting of SDI (P), Giddalur Sub Division and SDI (P), Cumbum Sub Division considered the applications of the applicants who submitted their applications by registered post only, as per the conditions of the notification of column Nos. 3 and 6(a) of the notification. Some of the applications though received by registered post, were not opened as the candidates did not attend for interview. Among 13 applicants, only four candidates attended for verification of documents on 20.6.2005 and four candidates, Shri K. Manja Naik who secured 353 marks in SSC without Hindi is the meritorious one, but he has not submitted his original ST certificate for verification and hence was not selected by the Committee and the second meritorious candidate, Shri K. Ramja Naik secured 282 marks, but he has not enclosed income certificate/declaration to his application and he was not selected. The third respondent was selected as he fulfilled other conditions and he was appointed on 1.7.2005. He further stated that the applications received in ordinary post were not opened by the Committee as per the conditions of the notification and hence the application of the applicant, Shri M. Tulsi Ram Naik which was received in ordinary post was not opened even though he was present and as such his marks in SSC were not actually known to the selection committee. The envelope was filed in the file as it is. Hence, the case of the applicant was not considered. It is further stated that on 23.6.2005, the applicant made a representation requesting for doing justice for which R-1 has given a reply dated 27.6.2005 intimating that as per the notification dated 14.5.2005, condition/column No. 6(a) clearly mentioned that applications along with all enclosures should be sent in a sealed cover by registered post only. It is further stated that the applicant made another representation and the same was received in the office on 13.7.2005 and for this representation also reply was given on 19.7.2005 stating that his case is under enquiry as he made allegation of demand of some amount for giving appointment. It is further stated in the reply statement that as per the conditions of the notification, the selection of GDSMC, Ambavaram Branch Office is in order and hence the application is liable to be dismissed.
4. The applicant filed rejoinder reiterating the contentions raised in the application. He further pleaded that in response to the notification, since respondents were not inclined to receive the application by hand and as there was no registered post facility at his native place, he sent his application by ordinary post. It is further stated that in the notification, it is not specifically stated that the applications received through ordinary post will not be considered.
5. During the course of hearing, the learned Counsel for the applicant submitted that it is not the case of the respondents that the application of the applicant sent in a sealed cover was not received in the office within the time prescribed in the notification. The fact that the applicant sent his application in a sealed cover and it was received by the office of SDI (P), Giddalur prior to 16.6.2005 which is the last date of receipt of application in the office of the SDI (P), Giddalur is not in dispute and it is admitted. It is also not in dispute that on 20.6.2005, the applicant appeared before the SDI (P), Giddalur for interview as required in the notification. It is also not disputed that though the applicant appeared for the interview on 20.6.2005 and his application was received in office before the last date of the receipt of the application, the application of the applicant was not considered for the post notified. It is also not the case of the respondent that the applicant does not belong to the category of Scheduled Tribe for which the notified post is reserved. The only contention of the respondents is that as the sealed cover containing the application along with the required documents was not sent to the office by registered post and instead it was sent only by ordinary post, though it is specifically mentioned in Clause 6(a) of the notification that the applications along with all enclosures should be sent in a sealed cover by registered post only, the said application was not considered. The contention of the applicant is that in Clause 3 of the notification it is simply mentioned that the applications should be sent preferably by registered post by name to the Sub Divisional Inspector (P) Giddalur in a sealed cover and that applications received through couriers and by hand will not be accepted and that it is no where in the notification it is said that the sealed covers sent by ordinary post will not be entertained. The applicant further submitted that as there was no registered post facility available in his native place, he sent the same by ordinary post. As there is no specific prohibition of sending the cover by ordinary post, he sent it by ordinary post with confidence that it would reach the Sub Divisional Inspector’s Office (Postal) at Giddalur and in fact it was received in the office well before the last date. He further submitted that merely because in clause No. 6, which is found in the second page of the notification it is stated that the applications along with all enclosures should be sent in a sealed cover by registered post only addressed to the Sub-Divisional Inspector (Posts) Giddalur, it cannot be interpreted to understand that the sealed cover sent by ordinary post even if received in time would not be considered.
6.The points that arise for consideration in this application are:
(i) Whether the selection made on 20.6.2005 for the post of GDSMC at Ambavaram Branch Office, without considering the application of the applicant is not sustainable in law?
(ii) If so, what is the result?
7. Points No. (i) & (ii):
For better appreciation of the rival contentions referred to supra, it is useful to extract the notification issued by the Sub-Divisional Inspector (Postal), Giddalur Sub Division, Giddalur dated 14.5.2005 which reads as under:
NOTIFICATION
Application in the enclosed proforma are invited by name to the Sub Divisional Inspector (Postal) Giddalur in a sealed cover from the eligible candidates for selection to the post of GDS MC at Ambavaram BO under Giddalur SO. The post carries allowances of Rs. 1545 + DA per month.
2. (i) The vacancy is reserved for ST category.
(ii) If there are No. 3 applications from the above category it will be reserved to SC category.
(iii) If there are No. 3 three applications from the above (i) and (ii) categories it will be reserved to OBC category.
(iv) If there are No. 3 applications from the above (i), (ii) and (iii) categories it will be reserved to offered to OC.
3. The last date for receipt of applications in the office of the undersigned is 16.6.2005 they should be sent preferably by registered post by name to the Sub Divisional Inspector (P), Giddalur in a sealed cover the applications received through courier and by hand will not be accepted. Following are the eligible conditions for the post.
a) AGE: The applicant should have completed 18 years of age as on the last date fixed for receipt of applications. The maximum age should not be more than 65 years.
b) Educational Qualifications : Minimum VIII Class. But preference will be given to Matriculation or equivalent. No preference will be given to higher educational qualifications.
The candidate passed SSC or equivalent examination in first attempt will be treated as meritorious against those passed compartmentally.
The marks obtained in second language (Hindi etc.) will not be taken into account.
c) Residence : The candidate selected for the post will be required to take up residence in the BO village before appointment, within the date prescribed by the undersigned after selection.
d) Income : The candidate shall have to give an undertaking that he has other sources of income besides the allowances paid or to be paid by the Govt. for adequate means of livelihood for himself and his family.
4. The person selected for the appointment to the post will have to furnish the prescribed security.
5. No person holding on elective office will be considered for appointment to the post.
6. No person working as agent of Insurance/Finance Companies will be considered for appointment.
(a) The applications along with all enclosures should be sent in a sealed cover by registered post only addressed to the Sub Divisional Inspector (posts), Giddalur Sub Dn., Giddalur 523357, by name.
(b) The sealed cover will be opened in the presence of all the candidates applied for the post in O/o the SDI (P) Giddalur on 20.06.20006. So the candidates who applied for the post should be attended at O/o the SDI (P) Giddalur on 20.06.2005 at 1000 hrs without fail.
(c) The candidates who applied for the post should bring all the original certificates/documents that are enclosed to their applications at the time of opening of the sealed cover.
(d) The name of the selected candidate will be announced in the presence of all the candidates attended at the time of opening of the sealed cover in the O/o SDI (P) Giddalur.
(e) Copies of the following documents should be submitted along with the application. The application without properly furnishing details and without any of the following documents will be rejected straight away.
a. Certificate regarding date of birth.
b. Certificate regarding educational qualification (SSC issued by the Board of Secondary Education).
c. Caste certificate issued by MRO in case the applicant belongs to SC/ST/OBC.
d. The candidate shall have to give an undertaking that he has other source of income besides the allowances paid or to be paid by the Govt. for adequate means of livelihood for himself and his family.
(e) Employment certificate and letter of permission from the employer to apply for the post (in case the applicant is a part time/full time employee of the State of Central Govt. Departmental/Organisation or Panchayat Raj Dept. in case of VAOs the no objection certificate from the competent revenue authority should be sent.
(f) In case the applicant is an Ex-Serviceman/Ex-Army Postal Personnel proof of Army Service and discharge certificate should be produced.
(g) The proforma application is enclosed. The applications should be in the prescribed proforma.
8. Applications received after the last date or without the full particulars will not be considered.
9. Candidate selected will only be intimated about selection. No correspondence will be entertained with the candidate.
10. Any type of canvassing will be a disqualification and their applications will be rejected straight away.
As seen from the above said notification, it contained both ‘DO’s’ and ‘DON’Ts’. In the very first page of the notification in clause No. 3, where the last date for receipt of the application is notified, it is stated that the applications should be sent preferably by registered post and it is further stated therein that the applications received through courier and by hand will not be accepted. If really, the Sub Divisional Inspector (Postal), Giddalur Sub Division wanted to convey by the said notification that the applications sent by ordinary post will not be considered, it should have been necessarily mentioned in Clause 3 that the application received by ordinary post will not be accepted while making a mention that the applications received through couriers and by hand will not be accepted.
8. The respondents relied on Clause 6(a) which contained in the second page of the notification wherein it is mentioned that the applications along with all enclosures should be sent by registered post only addressed to the Sub Divisional Inspector (Posts) Giddalur Sub Division by name. Even in this clause it is not mentioned that the applications received by ordinary post will not considered. Though it is stated that the applications received through couriers and by hand will not be accepted, it is not stated that the applications received by ordinary post also will not be considered. So, in the absence of specific mention in the notification that the applications sent by ordinary post will not be considered, it cannot be said that Clause 6(a) of the notification empowers the respondents not to consider the application sent by the applicant by ordinary post. In fact, the applicant herein has explained as to why he could not send the sealed cover by registered post by stating that there was no registered post facility in his native village. As seen from clause number 8 of the notification, it is specifically stated that applications received after the last date or without full particulars will not be considered. Thus, it is clear that the notification contained both DOs and DON’Ts by mentioning as to whose applications will not be considered, viz., applications received through couriers and by hand or the applications received after the last date and without full particulars. It is not mentioned that the applications received in ordinary post also will not be considered. Therefore, we are unable to accept the contentions of the respondents that non-consideration of the application of the applicant on the ground that his application was received in the ordinary post though in time but not by registered post, is in accordance with the law. As admittedly, the application of the applicant was received in the office of the second respondent within the time prescribed in the notification in a sealed cover and also as admittedly the applicant also appeared for interview on 20.6.2005 as required in the notification, the selection committee ought to have opened the sealed cover sent by the applicant and considered the same to see whether the said application and the enclosures satisfied all other conditions mentioned in the notification. The applicant claimed that he belonged to ST and he secured 376 marks and he appeared for the interview along with originals and as the respondents are required to select only a meritorious candidate, we are of the considered view that the selection committee’s action in not opening the sealed cover of the applicant to consider his application, is arbitrary and not in accordance with law and the applicant is deprived of his right to be considered for the post. Hence, the selection made by the respondents on 20.6.2005 is not sustainable in law and it is required to be set aside with a direction to the respondents to constitute a selection committee and open the sealed cover in the presence of the third respondent and also the applicant and scrutinise the documents in accordance with the procedure prescribed and that in case, the application of the applicant satisfies all the requisite conditions mentioned in the notification and is found meritorious than the third respondent, to select the applicant for the said post in place of R-3. In case, the application is not enclosed with all the enclosures which are required to be enclosed and he is not otherwise eligible, the respondents are at liberty to re-select the third respondent and continue him in service. Accordingly, the OA is disposed of with the above said directions. There shall be no order as to costs.