Central Administrative Tribunal - Jabalpur
Amaresh Kumar Shukla vs Union Of India on 3 March, 2014
(Reserved)
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH,
CIRCUIT SITTING : BILASPUR
Original Application No. 454 of 2013
Jabalpur, this Monday, the 03rd day of March, 2014
Honble Mr. Justice Dhirendra Mishra, Judicial Member
Honble Mr. G.P.Singhal, Administrative Member
1. Amaresh Kumar Shukla, S/o Shri Jainarayan Shukla,
Date of birth 7.3.1976, Presently working as Chief Law Assistant,
Bilaspur, R/o 16/125, Indra Colony, Tarbahar,
Beside Water Tank, Bilaspur (C.G.) 495004.
2. K.Manoj Kumar, S/o late K. Keshwan,
Date of birth 24.11.1965, R/o 633, Sindhiya Nagar,
Durg 491001 (C.G.). - Applicants
(By Advocate Shri S.K.Nandy)
V e r s u s
1. Union of India, Through its Secretary,
Ministry of Railway, Rail Bhawan, New Delhi 110001.
2. General Manager, South East Central Railway,
Bilaspur 495004 (CG).
3. Chief Personnel Officer, South East Central Railway,
Bilaspur 495004 (CG). -Respondents
(By Advocate Shri S.P.Singh)
(Date of reserving the order: 05.01.2014)
ORDER
By G.P.Singhal, AM.-
The applicants have prayed for the following reliefs in this Original Application:
(i) Summon the entire relevant record from the respondents including the entire record of earlier selection notified vide notification dated 25/26.6.2012 together with record of written examination, viva voce and entire medical record of Shri Lalit Kumar Das for its kind perusal.
(ii) Upon holding that the action of the respondents in cancelling the entire selection process without assigning any cogent reason is bad in law, set aside the notification dated 16.5.2013 (Annexure A/1) and the notification dated 17.5.2013 (Annexure A/2).
(iii) Direct the respondents to complete the entire selection process conducted vide notification dated 25/26.6.2012 by declaring final select panel taking into account the result of written examination held on 14.10.2012 and viva voce held on 5.4.2013 AND AFTER EXCLUDING THE CANDIDATE FOUND INELIGIBLE ON MEDICAL OR OTHER GROUNDS with all consequential benefits;
(iv) Any other order/orders, which this Honble Court deems fit and proper may also be passed;
(v) Award cost of the litigation in favour of the applicant.
2. The brief facts of the case, as stated by the applicant are that the respondents issued the notification dated 26.6.2012 (Annexure A-3) for selection for framing of panel of Assistant Commercial Manager (in short ACM) (Group B) against 30% LDCE quota. This selection was to be carried out for only 01 unreserved vacancy. The respondents issued provisional eligibility list of candidates, who had applied for this selection vide their letter dated 6.9.2012 (Annexure A-4). This list contained names of 65 persons, including the names of applicants.
3. The written test was conducted on 14.10.2012, and on the basis of it, three persons were declared as provisionally eligible for appearing in viva voce test. In this list, apart from the applicants, there was name of one Lalit Kumar Das also. Thereafter, vide the communication dated 28.3.2013 (Annexure A-6), all the three candidates found provisionally eligible for viva voce test, were asked to report for viva voce on 5.4.2013 at 14:15 hours.
4. Shri Lalit Kumar Das had appeared in the selection for ACM (Group B) panel against 30% Limited Departmental Competitive Examination (LDCE) quota in the earlier selection also for which written examination was held on 28.8.2010. However, he was not permitted for viva voce test, as he was found medically unfit for promotion to Group B post, as per the medical certificate No.31/2010, dated 20.10.2010. Bringing this fact to the notice of respondents, the applicant No.2 submitted an application dated 15.4.2013 to respondent No.2, challenging the entitlement of Shri Lalit Kumar Das for viva voce test held on 5.4.2013. He filed reminders in this regard on 22.4.2013 and 26.4.2013. However, the respondents have, instead of deciding his representation in regard to the candidature of Shri Lalit Kumar Das, cancelled the entire selection vide their letter dated 16.5.2013. Further, the respondents have notified the programme for fresh selection vide their letter dated 17.5.2013 (Annexure A-2). Hence this OA.
5. The applicants, contention is that cancellation of selection panel in this manner is bad in law. The respondents have not given any cogent reasons for cancellation in their order dated 16.5.2013 (Annexure A-1), which is in violation of the instructions, issued vide Railway Boards letter No. E(NG) I-2002 (RBE No.95/2002), along with which a copy of the order dated 21.3.2002 passed by Allahabad Bench of CAT in Original Application No.359/2001 was circulated in which it was suggested to Chairman, Railway Board that it may be made obligatory on the officers to disclose reasons in the order, if cancellation of the selection is required. As per the Boards direction, these directions were to be noticed for guidance in future.
6. The applicants have also relied on the judgment of Honble Supreme Court in the case of Union of India and Ors. Vs. Rajesh P.U., Puthuvalnikathu, AIR 2003 SC 4222, wherein, it has been held that instead of cancelling the entire selection process, the names of candidates, whose selection was suffering from irregularities, should be weeded out, and result of remaining candidates should be declared.
7. The respondents, in their reply, submitted that the selection has been cancelled on the grounds including non-inclusion of objective type questions, non-inclusion of questions on subject of official language & rules in Paper-I (Professional Subject & General Knowledge) etc. In this matter, one Shri Bhaskar Guha has filed OA No.266/2013 before this Tribunal, challenging this very selection. Therefore, the General Manager, who is competent authority in this matter, after considering the totality of circumstances and finding certain irregularities, has cancelled the selection process and ordered fresh selection from the stage of written examination, which has been notified vide the letter dated 16.05.2013 (Annexure A-1) and 17.5.2013 (Annexure A-2). In this exam, the candidates who participated in the earlier exam only have been held to be eligible and no fresh candidates have been allowed.
8. In regard to Shri Lalit Kumar Das, the respondents submitted that, on the basis of his eligibility on securing minimum qualifying marks in the written examination, he along with the other two eligible candidates, was sent for medical examination, before appearing in the viva voce test, as per the provisions of Para 3.1 of Master Circular No.68. In medical examination, Shri Das was found fit vide the medical certificate No.10/2013, dated 21.03.2013 issued by CMS/BSP. On receipt of representations made by respondent No.2 on 15.4.2013, 22.04.2013 and 26.04.2013 (Annexure A-10), the respondents consulted Chief Medical Director, Bilaspur vide their letter dated 26.04.2013 (Annexure R-5). The Chief Medical Director, Bilaspur vide its letter dated 30.4.2013 referred the matter to Chief Medical Director, South Eastern Railway, Garden Reach, Kolkata (Annexure R-6). Accordingly, a Medical Board had been constituted to conduct review medical examination of Shri Lalit Kumar Das in which he was to appear for review medical examination on 23.5.2013. However, the candidate Shri Lalit Kumar Das, vide his letter dated 13.05.2013 has withdrawn his candidature for this post.
9. The respondents further submitted that there is no connection of withdrawal of candidature by Shri Lalit Kumar Das with the decision of the respondents to cancel the selection vide their order dated 16.5.2013 ibid, and the decision to cancel the selection and hold selection afresh, has been taken by the General Manager, after considering all the issues involved in this case. Thus, the OA, being without any merit, deserves to be dismissed.
10. On 10.06.2013, the matter was heard for grant of interim relief, on which the respondents were directed to maintain status quo in regard to conduct of written examination, as scheduled vide their letter dated 17.5.2013 (Annexure A-2).
11. We have heard the learned counsel for the parties, and perused the pleadings and documents annexed therewith. We have also gone through the file of this selection, produced before us by the respondents.
12. On perusal of the file produced by the respondents, we find that after viva voce test and evaluation of records, on the basis of merit, Lalit Kumar Das was recommended by the selection committee, for empanelment for the post of ACM (Group-B) against one unreserved vacancy. Meanwhile, in view of the controversy regarding his medical fitness, Shri Lalit Kumar Das withdrew his candidature vide the letter dated 13.05.2013.On note-sheet page NS-20, General Manager has approved A part of the Note dated 16/5/2013 of the CPO, which reads as under:
Since the recommendation made by the Selection Committee is not implimentable based on the facts which have come to light subsequently, it is recommended that the result of the written examination held on 14.10.2012 and subsequent viva-voce held on 05.04.2013 may be considered for cancellation. The selection may be held afresh from the stage of holding the written examination of the eligible candidates. The recommendation of selection committee has been put up before General Manager for approval, in view of Para 204.10 of IREM, which reads as under:
204.10. The recommendation of the Selection Committee should be put up to the General Manager for approval. If he does not approve of the recommendations he will record his reasons in writing therefore, and order a fresh selection. Once a panel is approved by the General Manager no amendment or alternation in the panel should be made except with the prior approval of the Railway Board.
13. In the case of Rajesh P.U. (Supra), the matter was related to issue of appointment orders for candidates selected for filling up 134 posts of Constables-Male/Female (Executive) and 5 Male Constables (Motor Transport) in various branches of Central Bureau of Investigation (in short CBI). After conduct of written test and interview, the candidates were informed that they were selected for appointment and the medical examination was also conducted certifying their medical fitness. However, when they were anxiously waiting for appointment orders, the respondents informed them that though they were selected for appointment and were asked to undergo medical test, the selection process and the list of selected candidates has been cancelled by the competent authority of CBI. As against this, in the present case, no selection was approved by the Competent Authority or for that matter communicated to the applicants. Thus, on facts and circumstances, the present case is clearly distinguishable from the case in Rajesh P.U.(Supra).
14. The selection committee in this case had proceeded with viva voce after obtaining the medical fitness report about all the 3 candidates. The controversy regarding unfitness of Shri Lalit Kumar Das was brought in much after the meeting of selection committee. Thus, the selection committee recommended Shri Das, in view of his performance in written test, viva voce and evaluation of his service record. However, when Shri Das withdrew his candidature, the recommendation of selection committee in regard to him became unimplimentable, though the controversy regarding his medical fitness remained unresolved.
15. Thus, we are of the considered view that there is no fault in cancellation of recommendation of Selection Committee by General Manager, on the ground of its unimplimentability, due to certain facts regarding the recommended candidate, which came to light subsequently, and ordering of fresh selection in this case.
16. In view of the aforesaid, we do not find any justification for grant of the relief prayed in this O.A. Thus, the OA is dismissed. No order on costs.
(G.P.Singhal) (Dhirendra Mishra) Administrative Member Judicial Member am 5 OA 454/2013 Page 5 of 6