Central Administrative Tribunal - Mumbai
Pawan Kumar Pandey C Rly vs M/O Railways on 17 October, 2023
1 -- OA No.01/2018 CENTRAL ADMINISTRATIVE TRIBUNAL, MUMBAI BENCH, MUMBAI, ORIGINAL APPLICATION No.01 OF 2018 | 4h : Dated this weedy, the \ day of October, 2023 CORAM : MS. HARVINDER KAUR OBEROI, MEMBER (J) -MR. SHRI KRISHNA, MEMBER (A) Pawan Kumar Pandey, S/o Sheo Balak Pandey, Age 28 years, R/at Mohlalla Singar Hat, Post Office, Sohsarai District Nalanda Bihar 803 118. - Applicant - (By Advocate Shri Vicky A. Nagrani) . Versus 1. ~ Union of India, Through the Secretary, Ministry of Railways, North Block, New Delhi -- 110 001. 2. The Chairman, Railway Recruitment Board, Central Railway, Headquarters Office, Personal Branch, CST, Mumbai 400 010. - Respondents (By Advocate Shri Ravi Sivasankaran) Reserved on 11.10.2023 Pronounced ont liao 3n2% ORDER
~ Per: Shri Krishna, Member (A) . The applicant is aggrieved by the notification C.E.N. No.01/2014 dated 05.01.2017. regarding the declaration of the result for the Assistant Loco Pilot by the Railway Recruitment Board (hereinafter referred as "RRB"), Mumbai by which his.
candidature was cancelled on the ground that he did not have requisite qualification as prescribed in the notice issued for the recruitment of Assistant Loco Pilot and rejection of his representation by the Chairman, Railway Recruitment Board,. -
2 OA No.01/2018Mumbai vide speaking order dated 24.11.2017. He ispraying for the following reliefs :
"8(a). This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the Respondents and after examining the same quash and set aside result dated 05.01.2017 and 24.11.2017 to the extent of cancellation of candidature of the applicant.
8(b). This Hon'ble Tribunal may further be pleased to hold and deelare that the Applicant is in possession of requisite _education qualification as prescribed in the: advertisement. in lieu of the certificate issued by Govt. of West Bengal letter dated 25.04.1988 and HRD, Department of Education letter dated 06.06.1990. - -
8(c). This Hon'ble Tribunal may. further be pleased fo direct the Respondent No.2 to publish the result of ihe Applicant and call him for medical examination alongwith the other candidates and if found fit appoint him on the post of Assistant Loco Pilot.
8(d). Costs of the application be provided for. 8(e). Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be ms "passed" an - Tot ptm ao an : : cee
2. This is the second round of litigation. The applicant has earlier approached Principal Bench of this Tribunal by filing OA (Dy.) No.3333/2017, which was dismissed by the Principal Bench for want of territorial jurisdiction vide order dated 01.09.2017. Thereafter, he filed OA No.641/2017 before this Tribunal which was disposed of by this Tribunal vide order dated 26.10.2017 by directing the respondent No.2 to consider and pass a reasoned and speaking order on his representation dated 3 . OANo.01/2018 09.02.2017. The respondent No.2 i.e. Chairman, RRB, Mumbai vide speaking order dated 24.11.2017 has rejected the applicant's representation by passing a detailed speaking order which has been challenged in this OA.
3: The brief facts of the case are that the Railway Recruitment Board, Mumbai has issued Centralized Employment | Notice (hereinafter referred as "CEN"): No.01/2014 which is | annexed as Annexure A-6 in which some posts were advertised for RRB Malda and RRB Mumbai including the post of Assistant Loco Pilot. | 3.1. The applicant has submitted that he has acquired Diploma In Too! and Die making from MSME Tool Room, Kolkata which is equivalent to Diploma in Mechanical Engineering. The applicant 'has placed reliance on the letter No.452(T)E dated 25.04.1988 issued by the Secretary, State Council for Engineering, Technical Education, West Bengal addressed to the Training Manager, Central Tool Room and Training Centre, Calcutta in which he has stated that the four years course in Tool and Die Making has been recognized by the State Council for Engineering and Technical Education, West Bengal as equivalent to the Diploma in Mechanical Engineering in the particular field of Tool and Die 4 _ OA No.01/2018 Making for job purposes only. | 3.2. The applicant has placed reliance on the Gazette Notification (32) dated 06.06.1990 issued by the Ministry of Human Resources Development, Department of Education, Government of India in which it has been stated that the Government of India recognized the four years Diploma in Tool _ and Die 'Making: course of the Central. Tool Room & Training | Centre, Calcutta for the purpose of employment to posts and services under the Central Government where diploma in Mechanical Engineering in the_particular field_of Tool and Die -
Making is the prescribed qualification.
3.3. The applicant has placed reliance on the decision of this Tribunal in OA No.348/2013 which was allowed vide order dated 26.09.2014 in which Diploma in Industrial Electronics from Shri
-Sant Gadge Baba Polytechnic ZTC, Bhusawal in 1994 was treated as equivalent to Diploma in Electronics and Electronics Engineering. In view of the above facts, it has been vehemently argued by the learned counsel for the applicant that the impugned orders should be set aside and a direction be issued to the respondent No.2 to call the applicant for medical examination along with the other candidates found fit and i 5 OA No.01/2018 appoint him for the post of Loco Pitot.
4 On notice, the respondents have vehemently resisted the OA by filing their written statement and also during final arguments. It has been submitted by the respondents that the Railway Board constituted a committee to review the recruitment qualification to various Group 'C' posts in Mechanical and ~ Electrical Engineering Department. The recommendations of the committee was accepted by the Railway Board and revised qualifications of the various categories were notified vide letter dated 03.08.2001. As per the above letter, the requisite qualification for the posts of Assistant Loco Pilot was iT! in specific. 'Trades/Act Apprentice or . Diploma in Mechanical/Electrical/Electronics in lieu of ITI.
4.4. In the said letter under Note the Railway Board have deleted the specific trades i.e. 1. Turner, 2. Machinist, 3.
Refrigeration & Air Conditioning Mechanic, 4. Tool and Die Making, 5. Sheet Metal Worker from the list of eligible trades. The trade of Tool and Die Making which Diploma the applicant has acquired was specifically deleted. from the requisite qualification of ITI. Further, the Railway Board vide order dated 41.04.2002 again reviewed the qualification and decided to add 6 , OA No.01/2018 the following trades of 1. Turner, 2. Machinist, 3. Refrigeration & Air Conditioning Mechanic but did not include Tool and Die Making. The Railway Board vide order dated 07.06.2004 in partial modification of the instruction in Railway Board's letter dated 03.08.2001 decided to include Diploma in Automobile | Engineering in the list of 'qualification required for direct _fecruitment to the-post of Diesel/Electric 'Assistant. tt was submitted that Diploma in Tool and Die making still stand deleted in the list of qualification required for direct recruitment. to the post of Diesel/Electric Assistant.
4.2. It has been submitted that since the Diploma in Tool and | Die making is nota prescribed educational qualification for direct recruitment to the posts of Assistant Loco Pilot, the 'applicant was 1 not eligible to apply for the above post, It has been | submitted that the Railway Board vide their letter dated 29.09.2006 have advised that no change/modification in the prescribed qualification is allowed. Only candidates in possession of qualification in line with qualification prescribed by the Ministry of Railways (Railway Board) shall be allowed to take a examination and the candidates possessing allied or related qualification should not be allowed to take written examination 7 . OA No.01/2018 and their application should be rejected.
4.3. It has been further submitted by the respondents that the qualification Diploma in Tool and Die Making is equivalent to the | Diploma in Mechanical Engineering in particular field of Tool and | Die Making for job purpose only as clarified by the State Council for Engineering and Technical Education -- West Bengal vide letter dated 25.04.1988. It has 'been further submitted that the Ministry of Human Resource Development, Department of | Education, Government of India vide their letter dated 06.06.1990 also specified on the recommendation of the Board of Assessment for educational qualification recognized the four years Diploma in Too! and Die Making course of the Central Too! Room and Training Centre, Calcutta for the purpose of employment 'to posts and services under the Central Government where Diploma in Mechanical Engineering in that particular field of Tool and Die Making is the prescribed qualification with reference to the letter dated 25.04.1988 and 06.06.1990. Therefore, the post of Assistant Loco Pilot which is a safety catecory post is nowhere related to the particular field of © Tool and Die Making.
8 OA No.01/20184.4. It has been further submitted that the applicant has falsely entered his technical qualification under Column No.14 of the application form as "Diploma in Mechanicai Engineering', as such, he was provisionally called for written test. It has been | further submitted that the post of Assistant Loco Pilot which is a _ safety category post is nowhere related to the particular field of Tool and Die Making, therefore, the qualification of the applicant. ~~" -
is not the same as the qualification prescribed in the notification vide CEN No.01/2014. Therefore, the candidature of the applicant was rightly rejected for the post of Assistant Loco Pilot which is a safety category post "which requires specific qualification only. | AS. Learned counsel for the respondents has further submitted 'that.the facts of the case in OA No.348/2013 in the casé of Shri Vivek Nilkanth Bansode Vs. Union of India & Another being relied upon by the learned counsel for the applicant is not applicable to the facts of the present case as in that case the applicant has clearly mentioned the Diploma in Electronic as his educational qualification whereas in the case of the applicant under consideration, he has concealed the fact that he has | Diploma in Tool and Die Making and instead he has made a 9 OA No.01/2018 false declaration in the application form (Annexure R-5) that he has Diploma in Mechanical Engineering.
4.6. It was also submitted that the applicant has made the _ declaration in the application form in his own handwriting that all . the details given by him in the application form are true and complete to the best of his knowledge. He has also given an _. undertaking that he understand that he may be issued with call letter for the examination on the basis of above information and mere issue of call letter will not confer any right to be eligible for | the post. He has further stated that he also understands that_in case any of his statement are found to be untrue at any stage of recruitment or thereafter, he shall be disqualified forthwith for the post applied for and he shall be liable for any other pénal action "under the extant rules, a 4.7. Learned counsel for the respondents further submitted that in the case of Shri Vivek Nilkanth Bansode (supra), the Tribunal has held in para 12 of the order that in that case - Maharashtra State Board of Technical Education has issued a certificate stating that the Diploma in Industrial Electronics is accepted for recruitment whenever Diploma in Electronics | Engineering or its equivalent is required for the recruitment 10 , . OANo.01/2018 qualification. However, in the case of the applicant under consideration the State Council for Engineering and Technical Education has clearly in its letter dated 25.04.1988 stated that Diploma in Tool and Die Making is equivalent to the Diploma in Mechanical Engineering in a particular field of Tool and Die Making for job purpose only. It has been further submitted that "atc. ~. SinCe.the applicant has made false declaration in the application form and he has also given an undertaking that if any information was found to be untrue, he will be liable for disqualification, 4.8. It has been further submitted that having made a false declaration and given a false information in the application form, the applicant cannot claim a right for selection to the post.
"Moreover, the Railway Board. Ministry of Railways have specifically vide letter dated 03.08.2001 has deleted the qualification of Tool and Die Making from the eligibility criteria for the post of Assistant Loco Pilot being a safety category post and that said order of the Railway Board dated 03.08.2001 is still stands. | 4.9. The learned counsel for the respondents also placed.
reliance on the decision of the Hon'ble Supreme Court in the il OA No.01/2018 case of Unnikrishnan C.V. & Ors. Vs. Union of India & Others, reported in 2023 (2) SC 265 decided on 28.03.2023 in which the Hon'ble Apex Court has held that "the prescribed requisite qualification for promotion is Diploma | in Civil Engineering and whereas appellants are possessing a Diploma in Draughtsman Estimating and Design which is not as "presoribed.under the GREF Rules. 1982 and, therefore, the prayer of the appellants cannot be granted. jn the above decision, the Hon'ble Apex Court has also referred to the case of Guru Nanak Dev University Vs. Sanjay Kumar Katwal & Anr. reported in (2009) 1 SCC 610 and also to the case of Zahoor
- Ahmad Rather & Ors. Vs. Sheikh Imityaz Ahmad & Ors. reported in (2019) 2 SCC 404. 7 | "440.- 'In view of the above facts, learned counsel for the | respondents submitted that the OA is devoid of any merit and needs to be dismissed with costs.
5. We have heard the arguments of both the learned | counsels for the parties at length and also perused the pleadings and documents filed on record. | 8.1. We find that in the CEN No.01/2014 issued on 18.01.2014 -
_ by the Railway Recruitment Board, the requisite qualification for 12 OA No.01/2018 Assistant Loco Pilot was prescribed as under:
"The requisite / prescribed minimum educational qualification notified by the Railway Board for the post of ALP in the CEN No.01/2014 is as follows:
Mairiculation plus course completed ACT ApprenticeshipAT! approved by NCVT/SCVT in the trades of Fitter/Electrician/instrument Mechanic/Millwright Maintenance Mechanic/Mechanic Radio & TV/Electronics Mechanic/ -- Mechanic Motor Vehicle/ Wireman/Tractor Mechanic/Armature & Coil Winder/Mechanic - DieseV/Heat 2 Engine/Turner/Machinist/. Refrigeration & AC Mechanic OR ~ Diploma in Mechanical/ Flectrical/Electronics/Automobile Engineering
-- recognized by AICTE in lieu of ITI. Note - Candidates having higher qualification -- in Mechanical/Electrical/Electronics/Automobile Engineering recognized by AICTE are also eligible."
5.2. We have also perused the application form filled up by the applicant which has been enclosed as Annexure R-5 by the _ respondents in which the applicant has clearly mentioned that he - has Diploma in Mechanical though he was fully aware that he has Diploma in Tool and Die Making. Therefore, we find force in the submission of the learned counsel for the respondents that. the applicant has given a false information in the application form. We also perused the undertaking given by the applicant at the bottom of the application wherein he has undertaken that in case any of his statement are found to be untrue at any stage of 3 : | OA No.01/2018 _ recruitment or thereafter, he shall be disqualified forthwith.
5.3. We have also gone through the Railway Recruitment Board letter RBE No.152/2001 dated 03.08.2001. In the note it _ has been clearly mentioned that trades in Tool and Die Making have 'been deleted from the list of eligible trades. It is not in dispute that the post of Assistant Loco Pilot is a safety category ~ post and; therefore, any candidate who is applying for the post: = must have the qualification as prescribed in the Employment Notice. | 5.4. We have also gone through the decisions of this Tribunal in the case of Shri Vivek Nilkanth Bansode (supra) in OA. No.348/2013 decided on 26.09.2014 and we > find force in the submission of the learned counsel for the respondents that decision in that case is 'not 'applicable to the case of "the applicant as in that case applicant has correctly disclosed the information about his qualification and he has not given any false undertaking, Moreover, Diploma in Industrial Electronics is acceptable in the recruitment whenever Diploma in Electronics Engineering or its equivalent to the recruitment qualification | while in the case of the present applicant, he is Diploma in Tool -
and Die Making which was as per-+he letter of the State Council 14 OA No.01/2018 for Engineering and Technical Education -- West Bengal vide letter dated 25.04.1988 was for a particular field of Tool and Die . Making for job purpose only. | 5.5. We have also gone through the judgment of the Hon'ble Apex Court in the case of Unnikrishnan C.V. & Ors. (supra) decided on 28.03.2023 in which the Hon'ble Apex Court has held iq paragraphs Nos.6,7, 8 and 9 are as under :
"6. in Guru Nanak Dev University v. Sanjay Kumar 'Katwal & Anr, (2009) 1 SCC 610, this Court has reiterated that equivalence is a technical academic matter, It cannot be implied or assumed. Any decision of the academic body of the university relating to equivalence should be by a specific order or resolution, duly published. Dealing specifically with whether a - distance education course was equivalent to the _ degree of MA (English) of the appellant university therein, the Court held that no material had been produced before it to show that the distance education course had been recognized as such.
7. In Zahoor Ahmad Rather & Ors. v. Sheikh Imtiyaz Animad & Ors, (2019) 2 SCC 404, it was held that the
- State, as an employer, is entitled to prescribe _ qualifications as a condition of eligibility, after taking into consideration the nature of the job, the aptitude required for efficient discharge of duties, functionality of various qualifications, course content leading up to the acquisition of various qualifications, etc. Judicial review can neither expand the ambit of the prescribed qualifications nor decide the equivalence of the prescribed qualifications with any other given qualification. Equivalence of qualification is a matter for. the State, as recruiting authority, to determine.
(Emphasis supplied) 15 ~ OANO.01/2018 ~ oe
8. The diploma courses offered by College of Military Engineering, Pune, (CME) has been recognized as a course for recruitment to the post under the Central Government vide notification dated 01.02.2001, issued . by Ministry of Human Resource Development (Annexure P-8). Said notification does -not indicate diploma courses specified therein which are recognized by the Government of: India are to be treated as equivalent. No material has been placed on
- record by the appellants to demonstrate that Diploma in DED js equivalent to Diploma in Civil Engineering.
9. The presumption on which the Writ Petition seems ... fo have been presented. is. ,on -the premise - that " "appellants have been denied promotion on the ground that they possess a two year diploma not three year diploma, by completely ignoring the fact that denial of promotion is on the ground that candidates do not possess the prescribed requisite qualification namely "Diploma in Civil Engineering" and "Diploma in DED"
possessed by themis not as prescribed under the Rules. It is no doubt true that eligibility for promotional post namely. Superintendent BR Grade-/ is not conditioned by any year wise stipulations vis-a-vis the diploma course. In that view of the maiter, prayer of the appellants cannot be granted for the reasons indicated hereinabove and we do not. find any fallacy in the . oo Feasons assigned by the High Court." SO
6. in view of the above facts of the case and judicial | pronouncement on the issue, we do not find any merit in the submission of the applicant. We are of the considered view that the OA is devoid of any merit and deserves to be dismissed and is accordingly dismissed: There shall be no order as to costs. | ! (Shri 4rishna) (Ha?Vihder Kaur Oberoi) Member (A) . Member (J) kmag* an)