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2014 (4) TMI 846 - HC - Service TaxAppointment of Members of CESTAT - Appointment on reserved category - By notification/advertisement dated 17.8.2009, applications came to be invited for appointment to the post of Member (Technical), CESTAT - Held that:- notification/advertisement dated 17.8.2009, by which the applications were invited for appointment to the posts of Member (Tech.) CESTAT did not indicate that any of the posts had been reserved for the members of Scheduled Caste and Scheduled Tribes. The circumstance that format of application, at clause '5' required the applicant to state whether he belongs to Scheduled Caste/ Scheduled Tribes category, cannot lead to the inference that the notification/advertisement indicated that any of the posts of Member (Tech.) CESTAT were reserved posts. There is no scope to assume that the Petitioner was mislead into believing that any posts had been reserved for the Members of Scheduled Caste/ Scheduled Tribes. In absence of any clear indication in the notification/advertisement, the Petitioner could never have insisted that one of the posts be treated as 'reserved post' and the candidature of the Petitioner be considered against the same. The Petitioner, in the present case did not choose to challenge the notification/advertisement dated 17.8.2009 on the ground that no vacancy was declared as 'reserved vacancy'. Instead the Petitioner applied for appointment in pursuance of the notification/advertisement dated 17.8.2009 without any demur. Besides, it is clear that the Petitioner 'took his chance' with the selection process and merely because the Petitioner was not successful, has now turned around and questioned the entire selection process. In such circumstances, relief was rightly denied to the Petitioner - Decided against Petitioner.
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