Praveen Mahajan ORDER
Raj Vir Sharma, Member (J)
1. This Original Application under Section 19 of the Administrative Tribunals Act, 1985, was filed by the applicant on 6.9.2017 seeking the following reliefs:
"(I) To direct the respondents to consider 01.08.2014 as the cut-off date in CGLE 2014 for reckoning age & educational qualification of the applicant.
(II) To award all consequential benefits to the applicant.
(III) To award exemplary cost on the respondents for causing undue harassment.
(IV) To pass any further relief or reliefs as this Hon'ble Tribunal may deem fit and proper in the facts and circumstances of the case."
2. Resisting the O.A., the respondents have filed a counter reply verified by Mr. S.C. Kashyap, Under Secretary, Staff Selection Commission (respondent Nos. 1 and 2). The applicant has filed a rejoinder reply refuting the stand taken by the respondents in their counter reply.
3. We have carefully perused the records and have heard the applicant in person and Mr. Hanu Bhaskar, learned counsel appearing for the respondents.
4. Brief facts of the case giving rise to the present O.A., which are relevant for the purpose of deciding the controversy and are not disputed by either side, are as follows:
4.1 The notice of Combined Graduate Level Examination, 2014 (hereinafter referred to as 'CGLE-2014'), issued by the respondent-Staff Selection Commission (hereinafter referred to as 'SSC'), was published in the Employment News/Rozgar Samachar, dated 18.1.2014, inviting applications from eligible persons for recruitment to different posts in various Ministries/Departments/Organizations. In the notice of CGLE-2014, the closing date for receipt of applications was mentioned as 14.2.2014, and the dates for Tier I examination were mentioned as 27.4.2014 and 4.5.2014 and that of Tier II Examination were mentioned as 30.8.2014 (Paper III) and 31.8.2014 (Papers I and II). Paragraph 6 of the notice of CGLE-2014 stipulated that the candidates must possess the essential qualifications "as on 1st January, 2014".
4.2 The applicant responded to the notice of CGLE-2014 and applied as an UR candidate for selection and recruitment, by 14.2.2014, i.e., the closing date for receipt of applications. He acquired the essential qualification, i.e., B.A. Degree on 5.3.2014. On the basis of Admit Card and intimation received from the respondent-SSC, he appeared at the recruitment examination and interview. Based on the final result of CGLE-2014, the respondent-SSC selected the applicant for the post of Inspector (Examiner) under Post Code M and nominated him to the Central Board of Excise & Customs, New Delhi. Physical Test, Medical Test, and Document Verification were conducted by the office of Principal Commissioner of Customs (General), Mumbai, under the Central Board of Excise & Customs, on and from 10.2.2016 and 12.2.2016. Thereafter, he came to know over phone from the office of Principal Commissioner of Customs (General), Mumbai, that he did not acquire the essential qualification on or before 1.1.2014 as per the notice of CGLE-2014 issued by the respondent-SSC.
4.3 Thereafter, the applicant made various representations requesting the respondents and other authorities to reckon '1.8.2014', instead of 1.1.2014, as the cut-off date for reckoning the essential qualification prescribed for the CGLE-2014 and, accordingly, to give him appointment on the post of Inspector (Examiner), for which he was duly selected and nominated by the respondent-SSC. There being no response, the applicant filed the present O.A. seeking the reliefs as aforesaid.
5. In the above backdrop, it has been contended by the applicant that in terms of the DoP & T's O.M. No. AB. 14017/70/87-Estt. (RR), dated 14.7.1988, the respondent-SSC ought to have fixed '1.8.2014' (instead of 1.1.2014) as the crucial/cut-off date for reckoning the essential qualifications of candidates of CGLE-2014. The cut-off date '1.1.2014' for reckoning the essential qualifications of candidates fixed by the ........