UP Man's Fight Against Withdrawal of 556 Gazetted Posts Ends in Tribunal Ruling
In a significant legal development, the Central Administrative Tribunal (CAT) in New Delhi has upheld the withdrawal of 556 gazetted posts, dealing a blow to a Uttar Pradesh man who had been fighting the decision for nearly two years. The case, which highlights the complexities of government recruitment processes, has drawn attention to the rights of candidates in competitive exams.
The Background of the Case
Alok Krishna Mishra, a 32-year-old resident of Deoria in Uttar Pradesh, appeared for the Staff Selection Commission's Combined Graduate Level Examination (CGLE) in 2023. He was aiming for the gazetted posts of Assistant Accounts Officer and Assistant Audit Officer (AAO). After clearing the Tier 1 qualifying exam, Mishra was hopeful of securing a position in his home state, having meticulously prepared since 2018 following his graduation in civil engineering from Allahabad.
However, just four days before the Tier 2 exam results were to be announced, the Comptroller and Auditor General of India (CAG) withdrew the 556 vacancies. "I was so disappointed. There are many others like me. They have now got other jobs, and lost hope in the law. But not me. I can't accept this, I'll fight till the end," Mishra expressed, reflecting the frustration of many aspirants.
Legal Proceedings and Tribunal's Decision
Represented by advocate Namit Saxena, Mishra challenged the withdrawal in the Central Administrative Tribunal. On Tuesday, the CAT Principal Bench ruled that the withdrawal was valid, citing the Department of Personnel and Training (DoPT) guidelines. The tribunal noted that the vacancies were withdrawn on November 30, 2023, before the CGLE-2023 results were declared on December 4, 2023, thus not violating executive guidelines.
The order stated, "... mere inclusion in a select list or successful completion of a recruitment process does not confer an indefeasible right to appointment... The applicants have no vested or indefeasible right to appointment merely by participation in the examination or by securing higher marks." It further emphasized that the decision was taken due to genuine administrative constraints, including compliance with judicial orders and statutory recruitment priorities.
Impact on Candidates and Future Steps
Advocate Saxena is representing 33 other petitioners affected by the withdrawal. He explained that the petitioners initially approached the High Court, which directed the matter to CAT for disposal within six months. Some petitioners have since secured other jobs, while others faced age barriers and obtained interim relief to appear in exams.
Mishra, who is currently posted as a Junior Statistical Officer in Madhya Pradesh after clearing the SSC CGLE in 2024, remains undeterred. "I'm planning to move the High Court now," he stated, indicating his intent to continue the legal battle. The JSO post is a group 'B' non-gazetted, technical role under the Ministry of Statistics and Programme Implementation.
Broader Implications for Recruitment Policies
This case underscores the challenges in government recruitment, where administrative exigencies can override candidate expectations. The CAG, in a letter dated January 17, 2024, cited "administrative exigencies" as the reason for withdrawing the requisitions. The CAT's ruling reinforces that departments have the authority to reconfirm or withdraw vacancies before results are finalized, a point that may influence future recruitment disputes.
As Mishra and others consider further legal avenues, this incident serves as a reminder of the delicate balance between candidate rights and administrative flexibility in India's public sector hiring processes.
