CANCELLATION OF CANDIDATURE AFTER BEING RECOMMENDED BY WB SERVICE COMMISSION
1 year ago
Can appointing authority disregard the recommended candidate for a particular post by service commission by challenging the eligibility regarding work experience of the candidate.
WB Service commission allowed the candidate to appear for the written examination, then appear for the interview knowing the credentials of the candidate AND MARKING IT. The candidate got selected , the appointing authority then invited candidate for medical fitness test, caste verification, police verification. Everything was successfully done. But now appointing authority is denying the appointment letter due to work experience of the candidate being found short as per their understanding. The official advertisement mentioned ESSENTIAL QUALIFICATION to be Graduate and MBA and post qualification work experience of 3 yrs. Candidate has 1 year 2 months work experience after graduation and 2.5 yrs after MBA. Appointing authority states it to be ineligible as they want 3 yrs after MBA and denying the recommendation by Service commission on this ground.
IS IT PERMISSIBLE AT THIS STAGE ?
I would suggest you to meet up a good service matter high court lawyer with all the records and papers to ascertain whether you are eligible or not. In case there is interpretation issue then we can always move the court and get a favourable judgement.
Your question cannot be answered directly however you have merits to go to service tribunal or High Court and get your grievance redressed.
If the candidate is not eligible for the job then he must not apply for so and if this was already mentioned during the hiring process and then they did not give you a offer letter then you can file a suit against them for fraud.
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