om:8-cl-2022-Jan — Declaration of the result of Gramin Dak Sevak (GDS) to which the Applicant is a candidate is left to the DG (Posts) Dak Bhavan, New Delhi. The examination may also be cancelled if the Applicant is not successful in the said selection as per rules or Applicant's mark-sheet/ certificate for Prathama Examination is reported not to be genuine
Original Rule Text
Declaration of the result of Gramin Dak Sevak (GDS) to which the Applicant is a candidate is left to the DG (Posts) Dak Bhavan, New Delhi. The examination may also be cancelled if the Applicant is not successful in the said selection as per rules or Applicant's mark-sheet/ certificate for Prathama Examination is reported not to be genuine — The provided chunk refers to the court's directive to Respondent No. 3 (Superintendent of Post Offices, Mayurbanj) to obtain the necessary documents from Hindi Sahitya Sammelan, Allahabad for the App... — Facts: The dispute in this case relates to the decision of Respondents not to proceed with the selection for the post of Gramin Dak Sevak (GDS) under Department of Posts on the ground that the same has been cancelled by authorities. Notification, dated 10-10-2014 was issued for selection to the post of GDS Mail Peon, Baripada - Balasore Main Line under Baripada Head Post Office. Even though the process of selection is over, the result is not published as Respondent No. 4, Inspector of Post Offices, Baripada East Sub-Division did not declare the result in spite of instruction from higher authorities. When no action had been taken to publish the result of the Applicant, he filed O.A. No. 61 of 2016 which was disposed of by Order, dated 5-2-2016 (A/3) directing R-4 to take a decision within 3 months. Respondent No. 4 disposed of the Applicant's representation, dated 26-4-2016 (A/4) stating that "genuineness of the Certificate issued by the authority has not been established". R-4 delays in the publication of result thereby Applicant states that his right is deprived. He quoted few Apex Court judgments to justify his stand. The reply has been filed by Respondents.
The short issue for decision in this case is, whether the reasons furnished by Respondents in the counter for not declaring the result of the Applicant as GDS Mail Peon for selection in question are acceptable.
The main reason as stated in the reply counter that there is some doubt about the genuineness of the certificates of the Applicant because of different letters received from Hindi Sahitya Sammelan, Allahabad cannot be said to be unjustified.
Respondent 3, Superintendent of Post Offices, Mayurbanj had taken the ground that after issue of the Circular, dated 30-1-2015 (A/5) of the Letter, dated 25-4-2017) that selection process for GDS has been changed. Such ground cannot be taken for cancellation of the existing selection process. In fact, R-4 had cancelled the selection process in question by issuing an order or notification for such selection. Without cancellation of selection process as per notification, dated 10-10-2014 (A/1) which was issued prior to the change in the system of selection for the post of GDS cannot be justified.
The reason for not declaring the result in the present OA is due to non-receipt of unambiguous report from Hindi Sahitya Sammelan, Allahabad for which R-4 was not satisfied about the genuineness of the certificate furnished by the Applicant. Hence the cited case of Apex Court is factually distinguishable. Hence cited judgments are of no use to the Applicant.