Compilation Vol 3 Corrected (1-943).pmd - Goa Public Service ...

436
Karnataka PSC
“... 3. It is submitted that as seen from the marks cards produced by the applicants,
along with their applications, Rayanagouda A Patil has possessed M.A. in Economics but
studied Applied Statistics in B.A. and other applicant Bhanya Naik has possessed M.A.
in REFM (Rural Economics and Farm Management) and he has also studied Applied
Statistics in the degree level.
4. It is submitted that as per the qualification prescribed for the said post, the candidates
who possess M.A. in Economics, ought to have studied Statistics as one of the subjects
at Post-Graduate or at degree level. As seen from the marks cards of the degree
examination of the applicants, they have studied Applied Statistics which cannot be equated
to the subject Statistics. Since the applicants have not possessed required qualification
as prescribed in C&R Rules, their applications were rightly rejected. The entire selection
process of this recruitment already has come to an end and the final selection list to the
post of Assistant Statistical Officers has been published on 18.11.1997 and sent to the
Government on the same day. Further, the Government have issued appointment orders
to all the selected candidates vide their orders dated 16.3.1998. The applications are
highly belated and they are not maintainable due to delay and laches.
5. It is submitted that this application is similar to the application No.3648/1997 filed by
R.V.Badiger in which this Hon’ble Tribunal has passed orders on 12.12.1997 by dismissing
the said application.
... ... ...”
It is stated by the 3rd respondent that A.No.3648/1997 filed by one Mr.R.V.Badiger in
respect of the very same Notification came to be dismissed by this Tribunal by its Order
dated 12.12.1997.
4. However, Mr. T.Narayanaswamy, learned Standing Counsel sought to distinguish the order
of this Tribunal dated 12.12.1997 passed by this Tribunal in A.No.3648/1997 stating that the required
qualification for the post was compulsory study in Statistics either at degree level or Post Graduate
level. On the basis of the materials produced by the applicants in these applications, it is seen that the
applicants have studied Applied Statistics, Rural Economics and Farm Management. These qualifications
possessed by the applicants as on the date of the Notification have not been declared to be equivalent
to that of the qualification prescribed under the Notification.
5. Therefore, this Tribunal is of the view that in the absence of any declaration by a competent
authority regarding equivalence of the qualification possessed by the applicants to that of the qualification
mentioned in the Notification, the 3rd respondent was justified in not considering the claim of the
applicants and selecting them for the posts of Assistant Statistical Officers. Moreover, due to passage
of time and in the absence of any interim order protecting the interests of the applicants, it may not be
just and proper to disturb the selection already made in the year 1998 itself.
6. Accordingly, the applications are disposed of.
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