Petition for appointment as Administrative Officer in FSSAI as the top waitlisted candidate. The Court directed respondents to consider the request on merits and pass orders within four weeks, disposing of the petition.
Direction to consider petitioner's request for appointment on merits within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.7571 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.03.2024
CORAM :
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.7571 of 2024
K.Mareeswaran
...Petitioner
-Vs-
New Delhi-110 002.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first respondent to appoint the petitioner as the Administrative Officer as per the letter dated 27.12.2021 ranking the petitioner in wait list Serial No.1 circulated to the petitioner.
For petitioner : Mr.K.Mohanmurali
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For respondents 1 to 3 : Mr.SU.Srinivasan
ORDER
This writ petition has been filed for direction to the first
respondent to appoint the petitioner as Administrative Officer as per letter dated 27.12.2021.
2. The petitioner is working in the post Admin cum Accounts
Assistant in the respondents department on contract basis. While being so, the first respondent issued notification dated 26.03.2019 to recruit for filling the various post in Food Safety and Standards Authority of India. The petitioner had applied for the said post. After clearing written examination he was qualified for interview held on 02.12.2020. As per the result published by the 1st respondent, the petitioner was provisionally eligible to the post of Administrative Officer and he was kept under waiting list as No.1. Subsequently, one of the person who joined as Administrative officer
had resigned from the said post. Even then the petitioner was not selected in the vacant place. Therefore, the petitioner submitted application under the
Right to Information Act with some query that list of selected candidates and
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wait listed candidates for the post of Administrative Officer, Computer based
Test Marks, Written Test Marks, Interview Marks and Total Marks of all the candidates for the post of Administrative Officer. The first respondent in his reply dated 08.02.2021 stated that ''list of candidates has been uploaded on FSSAI Website. Wait list candidate is not available. The merit list of Administrative Officer will be uploaded on FSSAI website shortly.'' Subsequently, the provisional merit list was published on 05.08.2021. Further, in the information revealed that one of the selected candidates for the post of Administrative Officer Mr.Ankit Bhardwaj was resigned his post on 25.11.2021.
3. In view of the above, the respondents are directed to consider
the request made by the petitioner and pass orders on merits in accordance with law within a period of four weeks from the date of receipt of copy of this order.
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costs.
22.03.2024
Index : Yes/No Speaking/Non Speaking Order Neutral Citation : Yes/No gvn
To
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Food Safety and Standards Authority of India, FDA Bhavan, Kotla Road, New Delhi-110 002.
G.K.ILANTHIRAIYAN,J.
gvn
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W.P.No.7571 of 2024
22.03.2024
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1 issue framed by the court
Whether the petitioner, as the waitlisted candidate No.1, is entitled to appointment to the post of Administrative Officer upon vacancy?
2 provisions across 2 enactments
K.Mareeswaran
The Chairperson, Food Safety and Standards Authority of India
The Chief Executive Officer, Food Safety and Standards Authority of India
The Executive Director (HR), Food Safety and Standards Authority of India
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
