Recently, the Central Administrative Tribunal (CAT) has given its verdict, granted relief to the reserved category nursing officers, who were being negated their choice of branching in All India Institute of Medical Sciences (AIIMS).
It has been upheld by the tribunal that deserving reserved category candidates can’t be deprived of being getting into the preferred institute, simply because they accomplish it to general unreserved list. The tribunal has also directed AIIMS to make allotment according to their preferred choice of posting to those meritorious reserved candidates.
The petition by was filed by the applicants belonging to reserved category claiming that they were not allotted the first preference of the AIIMS institutes of Bhopal, Jodhpur, Patna and Raipur even after scoring higher marks in comparison with other reserved category students.
Further, the petition was filed by advocate Gyanant Kumar Singh stating that the exam’s result was declared on 20th February 2020, whereby the petitioners were place in unreserved category merit list, having scored more marks as compared to that in the reserved category lists, due to which candidates falling within the purview of reserved category who scored less marks, yet were allotted institutes listed as their first preference.
In addition to this he argued that an ST candidate securing an overall rank of 952 couldn’t get AIIMS Bhopal, on the other hand less meritorious ST candidate securing rank in thousands that is 4,228 had been allotted the same, the reason lies as the candidate was in the list of reserve category.
It was also stated that “the methodology being followed by AIIMS is contrary according to the mandate of law as set forth by the apex court in a judgment of Union of India vs Ramesh Ram held in 2010, where the Constitutional Bench of Supreme Court has given its verdict stating that a candidate of reserved category chosen against the general category could get for a major choice of service which is set-aside for them.
Furthermore, Mr.Gyanant Kumar Singh also stated that this act of the institute had caused an irretrievable injury to the petitioners rights by stating that the posting is non-transferable.
Therefore considering the petition, the tribunal ordered AIIMS to amend the posting of the candidates within a span of two months.