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

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at the instance of the Karnataka Motor Vehicles Inspectors Association, which made representation in
this regard and not to fill up those posts for a period of 10 years, though it had no right to object and
the material on record shows that there was need for filling up of those posts then, which could also be
inferred from the fact that 245 posts had been notified at first instance in the year 2006 though, by
corrigendum issued immediately thereafter, the number of posts to be filled up had been reduced to
145 posts, but they include those 35 posts. If there was no need to fill up those 35 posts in the year
1997 or 2001 as the case may be, the total number of posts notified now in the year 2006 would not
have been to that extent within a period of 5 years. Further, the posts notified earlier in the year 1997
could not have been clubbed or included in the posts notified in the year 2006, particularly when the
rules prevailing in the year 1997 have been changed and amended rules govern the qualification and
eligibility of the candidates to be selected now for the posts in the 2006.
It was contended for the applicants, that their valuable right to take part in the process of selection,
which had accrued to them in the year 1997, has been taken away by wholly irrelevant and extraneous
considerations. Further, the action taken to cancel the process of filling up of those 35 vacancies was
arbitrary and capricious as not even informed through public notice or gazette publication about such
cancellation process and not refunded/returned the fee paid with applications besides the enclosures
submitted for their selection, though required to have been refunded along with enclosures. All this
had made them to think that still the Notification dated 3.1.1997 and their applications made seeking
their selection to those posts are alive but, it was only after 245 posts were notified on 17.8.2006
(though later corrigendum was issued on 25.8.2006 reducing the posts to 145), when enquired, they
learnt about the cancellation of the earlier selection process for 35 posts notified and hence, the delay
in approaching the Tribunal seeking relief with regard to the Notification dated 18.10.2001 issued in
pursuance of letter dated 4.10.2001 of the Government is bonafide and as such, they require to be
considered for the 35 posts notified earlier on 3.1.1997 when they satisfy all the conditions laid down
in that Notification.
Karnataka PSC
It is also their case that the decision taken to stop the earlier recruitment process started in the year
1997 was without assessing carefully all the relevant considerations, including the increase in the
number of vehicles coming on road, their movements, air pollution, retirement of MVIs and chances of
vacancies etc. The very fact that the department had taken different view at different times about the
requirement of the posts of Motor Vehicles Inspectors and the Notification issued in the year 2006