105 qualified students turned away, NDA says it has not displaced them

The NDA, however, chose to induct just 232 when the Union Public Service Commission UPSC had advertised 337 vacancies. And though the rest had qualified on all counts, they were not given admission. The NDA said it had to accommodate 141 candidates following a Defence Ministry order who had similarly qualified for the 100th batch the previous year, but had been left out. This was reportedly done long after the induction process was over.

Counsel M L Kasturi, who is representing Vikas Arora along with 24 others like him from Delhi, said by reducing the number of seats after the selection process was over, the NDA had played with their future.

The students added that they had worked very hard for the tests and had been declared qualified in all possible criteria laid down by the UPSC/NDA.

Two similar petitions, filed by Kanwar Amardeep Grewal of Punjab and T M Praveen Kumar of Kerala, are also pending before the respective State High Courts.

The UPSC and the NDA in their response, however, said that those 141 candidates had been inducted on an ad-hoc basis and had not displaced the aggrieved candidates.

While the Kerala High Court passed an interim order on March 19 this year, directing the petitioner as a candidate in the 101 batch, the Delhi High Court, on Vikas Arora and the others8217; pleas, directed the authorities to admit the 8220;left-out8221; candidates in the next batch 102, 8220;either on an ad hoc basis or by suitable adjustment within two weeks8221; of the day of the judgment, May 26, 1999.

8220;Batch 102, which is unlikely to be finalised before June, will also have to be adjusted similarly, care should be taken that the situation does not arise in future. The effect may be felt in a couple of batches 8212; by consequent reductions in the number of seats or a suitable ad hoc arrangement,8221; Justice Mukul Mudgal said. The respondents in the case are the Defence Ministry, UPSC and the Additional Director General of Recruitment.

The court pointed out that the Government has inducted more than 300 every year, as its appointment records for the past five years indicate.

The Union Government has now challenged the single-judge order before a division bench of the Delhi High Court. Government counsel Rajiv Nayyar, opposing the general order by the judge yesterday, said the actual number of vacancies for batch 101 was just 232.

8220;The 337 vacancies that the UPSC mentioned in its advertisement were only approximate,8221; he said, adding the adjustment8217; of the 141 candidates in the 101 batch, too, was a one-time thing. The court has fixed July 6 to decide the candidates8217; fate.

Incidentally, a similar petition filed by IAS candidates against the UPSC is pending before the Delhi High Court. In that case too, the number of seats had apparently been brought down, long after students had appeared for preliminary and main tests.