DHARNISH DUTT TIWARI vs M/o Communications

OA No. 200/00354/2015
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL
JABALPUR BENCH
JABALPUR .

Original Application No. 354 of 2015

th
This Friday, the 16 day of October, 2026

HON’BLE SHRI RAJINDER SINGH DOGRA, JUDICIAL MEMBER
HON’BLE SMT MALLIKA ARYA, ADMINISTRATIVE MEMBER

Dharnish Dutt Tiwari S/o Shri Rajnish Dutt Tiwari, Aged about 22
years, R/o Village Kotari, P.O. Tikuri, Tah. Manpur, Distt. Umaria
(M.P.) 484661
-Applicant

By Adv: None

V E R S U S

1. Union of India, Through Secretary, Ministry of Posts and Telegraph,
New Delhi-110001
2. Chief Post Master General, M.P. Circle, Bhopal
3. Director (Postal), O/o CPMG, M.P. Circle, Bhopal

4. Senior Superintendent of Posts, Jabalpur Division, Jabalpur
……..Respondents
By Adv: Shri S K Mishra




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OA No. 200/00354/2015
O R D E R
By Mallika Arya, AM

Through this Original Application, the applicant is seeking
quashment of the order dated 04.03.2015 (Annexure A/1) whereby
recruitment notification for the post of GDS BPM has been cancelled. He
is seeking directions to the respondents to allow him to work as Shakha
Dakpal Hantla under Accuonts Office Vijayraghogarh.
2. Briefly stating, the facts of the case are that the respondents
published a notification dated 05.12.2013 for selection and appointment
to the post of Gramin Dak Sevak - Shakha Dakpal (GDS BPM) for
General (OC) Category for Hantla Post Office, Account Office -
Vijayraghogarh SO. The applicant having fulfilled the eligibility criteria
(Class 10th pass), filled the application form. Vide communication dated
24.09.2014 (Annexure A/2), the respondent No. 4 informed the applicant
that after appreciation of marks and documents, his name is proposed for
appointment as Shakha Dakpal, Hantla. In pursuance of the same, the
applicant swore a declaration dated 08.10.2014 (Annexure A/3) that he is
willing to execute a security bond of Rs. 25,000/-. He was directed to
appear in the office of Respondent No. 4 along with requisite documents
and a consent letter within 7 days. Respondent No. 4 also sent a letter to
the District Magistrate, Umaria on 28.10.2014 (Annexure A/4) for
furnishing attestation form for verification of character and antecedents of
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OA No. 200/00354/2015
candidate for the post of GDS BPM. The applicant filled the attestation
form along with declaration on oath and a Medical Certificate complete
in all respects (Annexure A-5) and he was waiting for final appointment
order. Thereafter, all of a sudden, he received impugned order dated
04.03.2015 (Annexure A/1) cancelling the notification 05.12.2013 for the
post of GDS BPM Hantla with immediate effect. The applicant submits
that the order dated 04.03.2015 (Annexure A/1) is illegal and is liable to
be set aside.
3. The respondents have filed their reply wherein it has been
submitted that in pursuance of Director General, Department of Posts,
New Delhi O.M. dated 17.02.2011 circulated vide CPMG, M.P. Circle,
Bhopal letter dated 22.02.2011, notifications were issued for 101 vacant
posts of BPMs in Jabalpur Postal Division with the following breakup:
Sl. No. Category Vacancies
1. UR 50
2. OBC NIL
3. SC 22
4. ST 29

Notification for Hantla BO (Account Office Vijayraghogarh SO) was
issued on 05.12.2013 for OC category. In pursuance to the selection
process, the applicant got selected and he was given an offer
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OA No. 200/00354/2015
letter/proposal for appointment (Annexure R/1) and not an appointment
order. While the process of engagement was underway, some
discrepancies were noticed in the gradation list and roster register of GDS
BPMs of Jabalpur Division. On the date of notification i.e. 05.12.2013,
there were 29 excess representation under OC category. No notification
should have been issued for OC category as 29 OC GDS BPMs were
already in excess of their required representation. However, notification
was erroneously issued on 05.12.2013 for 50 GDS BPMs under OC
category. When this fact came to notice, the SSPOs, Jabalpur was
directed by the Postmaster General, Indore Region to update the existing
gradation list and roster register and to reconcile the vacancies so as to
rectify the mistakes committed at the level of SSPOs, Jabalpur in
maintenance of roster, otherwise it would have been injustice for
OBC/SC/ST categories and would have been in violation of Postal
Directorate instructions No. 19-11/97-ED & TRG dated 27.11.1997
(Annexure R/2). Therefore, the excess notification issued for OC
category was cancelled vide memo dated 04.03.2015 (Annexure R/3) by
the Postmaster General. The applicant was neither issued any
appointment letter nor was he given joining to the post. Mere proposal for
his appointment does not bestow any vested right in his favour.
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OA No. 200/00354/2015
4. We have considered the matter, heard the counsels and perused the
pleadings and documents annexed with the Original Application.
5. We take note of the fact that when the process of engagement of
GDS BPM in Jabalpur Postal Division was going on, there were some
discrepancies in the gradation list and roster register of GDS BPMs of
Jabalpur Division. On audit, it was found that on date of notification i.e.
04.12.2013, 29 excess posts were notified under OC category, violating
50% ceiling prescribed in Postal Directorate instructions No. 19-11/97-
ED & TRG dated 27.11.1997 Para 4(vi) (Annexure R/2). Notification
was issued erroneously for 50 GDS BPMs under OC category. When this
fact came to the notice, the SSPOs, Jabalpur was directed by the
Postmaster General, Indore Region to update the existing gradation list
and roster register and to reconcile the vacancies in line with the Postal
Directorate instructions No. 19-11/97-ED & TRG dated 27.11.1997
(Annexure R/2). Therefore, to protect reservation of SC/ST, PMG Indore
ordered to recast roster and cancel excess OC notification vide Memo
dated 04.03.2015 (Annexure R/3). Thus, the advertisement by which the
applicant was selected, got cancelled. After correction, Badkheda BO fell
at ST roster point. Hence, fresh notification dated 24.03.2015 was issued
for ST.
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OA No. 200/00354/2015
6. The Hon’ble Supreme Court in the case of Shankarsan Dash Vs
Union of India, (1991) 3 SCC 47 and State of Haryana Vs Subhash
Chander Marwaha, (1974) 1 SCC 220 held that mere participation in
selection process and mere inclusion of name in select list, the candidates
do not have indefeasible right to get appointment. The decision not to fill
up vacancies has to be taken in good faith for appropriate reasons.
7. The applicant cannot claim appointment on the basis of notification
which has been cancelled due to administrative error and to protect the
legitimate rights of reserved categories. It is a fact on record that the
applicant was never appointed on regular basis. The process of
appointment of the selected candidates was underway. He was given only
provisional offer vide letter dated 24.09.2014 (Annexure A/2). Since the
applicant was never given appointment as GDS, BPM, therefore, before
issuing the impugned order 04.03.2015, there was no requirement to issue
any show cause notice to the applicant under GDS (Conduct and
Engagement) Rules, 2011.
8. The Hon’ble Supreme Court in the case of State of Assam & Ors.
vs Arabinda Rabha & Ors, 2025 INSC 334 has held as follows:
“The State has the administrative discretion to scrap a recruitment
process if systemic, widespread irregularities taint the selection
process. The decision to cancel the selection process taken in a
bonafide manner cannot be said to be arbitrary. Inclusion in a
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OA No. 200/00354/2015
select list or empanelment does not confer an indefeasible or
vested legal right to public appointment.”
9. Hence we find that there is no fault in the action of the respondents
in terminating the services of the applicant on account of discrepancies in
the selection process, as per rules.
10. In view of the above, there is no merit in the Original Application.
The same is dismissed. No costs.


( Mallika Arya ) ( Rajinder Singh Dogra )
Administrative Member Judicial Member
VK/-
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