<p>The CAT order came on the petition of applicant Shikha Malhotra, who had topped the list of successful candidates for the NPL's technical staffer posts in 2008 but is yet be given the job as the whole appointment process has been scrapped following three anonymous complaints to the laboratory's chief that the selection process was rigged.<br /><br />The order was given by the CAT's bench of Justice Meera Chhibber and Member A K Mishra, which was told by the applicant that no credence should have been given to the anonymous complaints.<br /><br />The selection for the NPL posts had been made on December 23, 2008 by a duly constituted selection committee, said Malhotra adding that after the selection process, the NPL Director, who is also the appointing authority, received three complaints alleging that the selection process was "fixed".<br /><br />This led the NPL to scrap the selection process and posts were re-advertised in May 2009.<br /><br />Malhotra, however, using the Right to Information Act, got to know she had topped the merit list made by the earlier selection panel. Accordingly, she moved CAT contending that she has a rightful claim for appointment to the post.<br /><br />Responding to Malhotra's petition to the CAT, the CSIR DG told the Tribunal that she "has no indefeasible right to stop the appointing authority from acting in a manner he considers appropriate, before she is appointed to the post.<br /><br />"It is for the appointing authority to ensure that the appointment process is fair and above board. Accordingly, it was decided to re-advertise (the NPL posts) not only to ensure fairness in selection but also to widen its scope," said the CSIR DG.<br /><br />He added that "the applicant (Malhotra) will have due opportunity along with others to participate in the fresh selection process where a decision will be taken strictly on the basis of merit."<br /><br />The Tribunal took note of the submission that applicant's representation to the DG, CSIR has not yet been decided and directed him to dispose of her representation, pending since January 25, 2010, within a two months.<br /><br />It also held that any decision regarding the appointment to the said post as per the renewed advertisement will be subject to the final decision of the DG on the representation of the applicant. <br /></p>
<p>The CAT order came on the petition of applicant Shikha Malhotra, who had topped the list of successful candidates for the NPL's technical staffer posts in 2008 but is yet be given the job as the whole appointment process has been scrapped following three anonymous complaints to the laboratory's chief that the selection process was rigged.<br /><br />The order was given by the CAT's bench of Justice Meera Chhibber and Member A K Mishra, which was told by the applicant that no credence should have been given to the anonymous complaints.<br /><br />The selection for the NPL posts had been made on December 23, 2008 by a duly constituted selection committee, said Malhotra adding that after the selection process, the NPL Director, who is also the appointing authority, received three complaints alleging that the selection process was "fixed".<br /><br />This led the NPL to scrap the selection process and posts were re-advertised in May 2009.<br /><br />Malhotra, however, using the Right to Information Act, got to know she had topped the merit list made by the earlier selection panel. Accordingly, she moved CAT contending that she has a rightful claim for appointment to the post.<br /><br />Responding to Malhotra's petition to the CAT, the CSIR DG told the Tribunal that she "has no indefeasible right to stop the appointing authority from acting in a manner he considers appropriate, before she is appointed to the post.<br /><br />"It is for the appointing authority to ensure that the appointment process is fair and above board. Accordingly, it was decided to re-advertise (the NPL posts) not only to ensure fairness in selection but also to widen its scope," said the CSIR DG.<br /><br />He added that "the applicant (Malhotra) will have due opportunity along with others to participate in the fresh selection process where a decision will be taken strictly on the basis of merit."<br /><br />The Tribunal took note of the submission that applicant's representation to the DG, CSIR has not yet been decided and directed him to dispose of her representation, pending since January 25, 2010, within a two months.<br /><br />It also held that any decision regarding the appointment to the said post as per the renewed advertisement will be subject to the final decision of the DG on the representation of the applicant. <br /></p>