Judgment No. 1049
1. THE IMPUGNED DECISION BY THE DIRECTOR-GENERAL OF THE WHO ARE SET ASIDE AND MR. ASHOK MITRA'S APPOINTMENT TO ND.X POST NO. 5.1801 IN THE REGIONAL OFFICE FOR SOUTH EAST ASIA IS QUASHED.
2. THE ORGANIZATION SHALL PAY EACH OF THE THREE COMPLAINANTS 2,500 UNITED STATES DOLLARS IN DAMAGES FOR MORAL INJURY.
3. IT SHALL PAY EACH OF THEM $1,000 IN COSTS.
The complainants object to the results of a competition concerning a post for which they were candidates. The Tribunal invited the official who was appointed to the vacancy to submit a brief on the matter.
co-defendant; competition; application for quashing
The complainants, who applied for a vacant post put up for competition, wish to have the results set aside. The Tribunal is satisfied on the evidence that the selection procedure shows several serious flaws, of which at least two are fatal: in breach of Manual provision II.3.340 no short-list had been drawn up and the Director-General drew had drawn mistaken conclusions from the evidence before him in dismissing the Appeals Boards' findings of improprieties.
Organization rules reference: WHO MANUAL PROVISION II.3.340
procedure before the tribunal; competition; selection board; application for quashing; flaw; procedural flaw; mistaken conclusion