Central Administrative Tribunal - Jabalpur
Smt Priya Sahu vs M/O Railways on 26 July, 2023
1 O.A.No200/01031/2018
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/01031/2018
Jabalpur, this Wednesday, the 26th day of July, 2023
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Smt. Priya Sahu, D/o Shri Vinod Kumar Sahu
W/o Shri Satish Sahu, Date of Birth 20-09-1988
R/o H.No. 1357, Purani Basti, Behind Gaushala
Ambedkar Ward, Near Durga Mandir, Ranjhi,
District Jabalpur (MP) 482005 -Applicant
(By Advocate -Shri Devanshu Nandy)
Versus
1. Union of India through its General Manager,
West Central Railway, Indira Market Jabalpur (MP)-482001
2. The Chairman Railway Recruitment Cell
West Central Railway, RB-III/422, 1&2
Nehru Railway Colony, Howbagh, Jabalpur 482009 (MP)
3. The Chairman Railway Recruitment Cell,
Western Railway Parcel Depot, Alibhai Premji Marg,
Grant Road, Mumbai 400007
4. The Divisional Railway Manager,
West Central Railway Jabalpur Division
Jabalpur (MP) 482001 - Respondents
(By Advocate -Shri P.K. Chourasia)
(Date of reserving the order:-29.03.2023)
ORDER
By Justice Akhil Kumar Srivastava, JM:-
By way of filing this Original Application, the applicant is challenging the inaction on the part of the respondents whereby the Page 1 of 5
2 O.A.No200/01031/2018 applicant has been declined for appointment on Group D post on medical grounds.
2. The applicant has prayed for the following reliefs in this Original Application:-
"8.(i) Summon the entire relevant record from the respondents for its kind perusal.
(ii) Upon holding that the action on the part of the respondents in not issuing appointment order even after qualifying every steps of selection, as bad in the eyes of law. Further the respondents be directed to issue appointment order to the applicant on Group D post on which she had qualified after considering medical examination report in C-1 category.
(iii) Command the respondents to consider the case of the applicant for appointment on Group D post in any other category in which she seem fit.
(iv) Any other order/orders, which this Honorable court deems, fit proper.
(v) Cost of the petition may also kindly be awarded."
3. The brief facts of the case is that the Railway Recruitment Cell, WCR, Jabalpur advertised various posts in railways of Group D vide advertisement No. 2/2013, for which the applicant applied in Railway Recruitment Cell, Jabalpur for Group D post under the OBC catgeory. A copy of advertisement is annexed as Annexure A-1. The applicant was issued with call letter for Page 2 of 5 3 O.A.No200/01031/2018 written examination, which was conducted on 30.11.2014, a copy of which is annexed as Annexure A-2. The applicant qualified the written exam and thereafter, the applicant was called for physical efficiency test, a copy of which is annexed as Annexure A-3. Thereafter, the applicant was called for document verification and medical examination, a copy of which is marked as Annexure A-
4. After that the applicant has been medically examined by the Medical Authorities and declared her medically fit in C-1 category. It is the case of the applicant that even after qualifying all the levels of selection, the appointment order to applicant has not been issued till date. Being aggrieved by the aforesaid, the applicant has preferred a detailed representation, but to no avail.
4. The respondents have filed their reply to the Original Application, wherein it has been submitted by the respondents that the applicant submitted her candidature for the post of erstwhile Group D category as OBC candidate. The applicant participated in the written test on 30.11.2014 and was declared qualified. Thereafter, the applicant participated in physical efficiency test wherein she was declared qualified. Thereafter, the Page 3 of 5 4 O.A.No200/01031/2018 documents of the applicant were verified and she was sent to Railway Hospital for medical examination. After medical examination the applicant was found unfit for B-1&B-2 category and fit for C-1 and under medical standard. Certificate of physical fitness of applicant is enclosed as Annexure R-1. The respondents further submitted that the applicant has secured 70.63% (normalized) marks in the written examination under the vacancy of OBC category whereas the last selected candidate under same category and with required medical category has secured 73.69%(normalized) marks in the written examination. Thus, the applicant has secured less marks in comparison to last selected candidate under the vacancy of OBC category in medical standard category of C-1 & under, therefore, she could not be selected.
5. We have heard the learned counsel for both the sides and have gone through the pleadings and the documents annexed therewith.
6. In the present case, it can be seen that the applicant belongs to OBC category and after qualifying the written test and physical Page 4 of 5 5 O.A.No200/01031/2018 efficiency test, the applicant was sent to Railway Hospital for medical examination. The applicant was found unfit for B-1 and B-2 category and fit for C-1 category. The last candidate appeared for OBC post alongwith the applicant in the required medical category has secured 73.69% (normalised) marks in the written test and applicant has secured 70.63% (normalised) marks, therefore the applicant could not be selected for the said post.
7. In view of the discussions made hereinabove this Original Application lacks merit and is liable to be dismissed and is dismissed accordingly.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
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