Quashing the orders of Union Public Service Commission (UPSC), which declared an applicant ineligible for the post of assistant government advocate in the Department of Legal Affairs in the Ministry of Law and Justice, the tribunal has asked the UPSC to declare the result for the said post including the applicant’s result as well.
Pronouncing the orders Monday, the Central Administrative Tribunal (CAT) tribunal held, “We are of the view that the experience of the applicant in Geological Survey of India (GSI) and his experience in legal affairs is eligible for the post in question having requisite experience of more than 7 years in legal affairs.”
The tribunal further held that the letter issued on January 20, this year holding the applicant to be ineligible for the post is quashed. The applicant is hence held eligible for the post of assistant government advocate and the interim stay order issued on February 26, this year for the post is vacated, said the tribunal.
Kartikeya Verma, working as Deputy Director (Personnel & Administration), GSI, Chandigarh, stated in his application that as per the advertisement published in the newspaper on August 22, 2015, out of three posts of Assistant Government Advocate, one is reserved for physically challenged persons with disability.
Verma who falls in the category of was visually impaired, physically handicapped (PH) person, applied for the said post, however, he was found ineligible by the UPSC. He submitted a representation on December 29, 2015, claiming to have requisite experience in legal affairs for more than 7 years and therefore claiming to be eligible for the post. The said representation was rejected by the UPSC on January 20, this year. Verma subsequently challenged the orders of the UPSC which rejected his representation.
The tribunal stated that it was undisputed that the applicant holds an LLB degree. “The dispute is regarding his experience in legal affairs for not less than seven years. The applicant is a central government servant working in GSI. It is also undisputed that the applicant had experience of 9 months 14 days as an advocate with a law firm and experience of 2 years 5 months 28 days as Junior Assistant (Law) in NTPC which has been counted as valid experience for the post,” added the tribunal.