Central Administrative Tribunal - Ahmedabad
Dineshbhai Ishwar Lal Zala vs M/O Railways on 6 March, 2019
CENTRAL ADMINISTRATIVE TRIBUNAL AHMEDABAD
Order Sheet
Item No: 18
O.A./523/2018 No of Adjournment: 4
[ RECRUITMENT ] Dated: 06/03/2019
Court No.: 1
DINESHBHAI ISHWAR LAL ZALA
Vs
M/O RAILWAYS
FOR APPLICANTS(S) Advocate : Ms.Vilas Purani
FOR RESPONDENT(S) Advocate : Mr.M.J.Patel
DAILY ORDER
06/03/2019 Present :
Applicant with her counsel, Ms.Vilas Purani.
Mr. M.J.Patel, Counsel for respondents, with Mr. Bharatbhai Shah, Office Assistant, RRB, Ahmedabad.
Instant OA has been preferred by the applicant for non-inclusion of his name in the list of candidates to appear in CBT, pursuance to Notification No. CEN 02/2018. The main grievance of the applicant is that he being eligible, was not allowed to appear in the Computer Based Test. At the time of issuance of notice, this Tribunal, by way of interim relief, directed the respondents to allow the applicant to appear in the examination and it was directed further that result of the applicant shall be kept in sealed cover.
On last date, upon joint submission of counsels for the parties to lis, order regarding result was passed and the operative portion of the said order reads:
"Today, it is informed that result is ready and result of applicant is in sealed cover. A joint proposition was placed by the parties to the lis qua sealer cover. Mr. M.J.Patel, learned counsel, representing the respondents submits that result of the applicant was kept in sealed cover as per interim direction of this Tribunal, that said envelope having result of the applicant may be allowed to be opened herein, and that if applicant is found qualified in the said test then only there is any utility to proceed further in this matter or otherwise, this OA would become infructuous. Ms. Vilas Purani, learned counsel for applicant also agreed to this proposition. She also submits that if the applicant is found successful in the said test, one post be kept reserved till the O.A. is decided finally. In view of above, respondents are directed to produce the sealed envelope having result of the applicant on next date. Counsel for applicant is directed that, if possible, he may call applicant also on the next date."
Today a sealed envelop, stating to have the result of the applicant, has been produced by learned counsel for respondents and on opening the same it was found that applicant has secured 11.96310 normalised marks whereas, the cut of marks for Physical Efficiency Test for SC category candidates, to which applicant belongs, is shown as 60.85283. Copy of the result is taken on record. The applicant could not qualify for the PET.
Learned counsel for respondents therefore submits that in view of applicant's becoming unsuccessful in the PET, the instant OA has become infructuous and he urged that O.A. be dismissed as infructuous. Learned counsel for applicant also agreed to the submission. The O.A. therefore, is dismissed as having become infructuous.
The O.A. stands disposed of accordingly.
M. C. Verma Member (J)