Central Administrative Tribunal - Kolkata
Rounak Ghosh vs Eastern Railway on 20 September, 2022
1 O.A. No. 350/1643/2022 CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA a bid ag deh te O.A. No. 350/1643/2022 PEL aE Date of Order: 20.09.2022 Se Coram: Hon'ble Mr.Jayesh V. Bhairavia, Judicial Member Hon'ble Dr. (Ms.) NanditaChatterjee, Administrative Member f In the matter of : ROUNAK GHOSH, son of Shyamal Kumar Ghosh, aged about 28 years, by faith- Hindu, unemployed, residing at Chanditala, Ghoshpara, Post Office Chanditala, Police Station-Chanditala, District -Hooghly, PIN- 712702. Email id-ruriadassharmay@gmail. MOB-7980807 146. veneneee Applicant -Versus- 1. Union of India, through the General Manager, Eastern Railway, Fairlie Place, 17, NetajiSubhas Road, Kolkata - 700001. 2. The Railway Recruitment Cell, through the Chairman, Kolkata, Metro Railway RV Complex, Chitpur, R.G. Kar Road, Kolkata- 700037. . 3. The Chairman, Railway Recruitment Cell, Kolkata, Metro Railway RV Complex, Chitpur, R.G. Kar Road, Kolkata-700037. .... respondents For The Applicant(s):Mr.C. Sinha, Mr. 5. S. Mandal; Counsels For The Respondent(s): Mr. B. B. Chatterjee, Counsel ORJER(ORAL) Per:Mr.J ayesh V. Bhairavia, Member (J)
Heard Ld. Counsel for both sides.
2. This matter has been taken up for disposal at admission stage with the consent of both the parties.
' 2 rt OLA, No. 350/1649/2 22
3. In the instant O.A., the applicant has approached this Tribunal, under Section 19 of the Administrative Tribunals Act, 1985, praying for the following relief:
a} "Ta pass an order directing the respondents ta enlist. the name of the applicant under the category of Persons with Benchmark Disability instead of enlisting the name of the applicant in the fist of General Category candidates end further directing them to aliaw the applicant to participate in the selection process with scribescheduled to be held on 22/09/2022 in connection to Centralized Employment Notification RRC ~O1/2019.
b) To pass an arder directing the respondent authorities to allow the applicant to appear ir the examination with scribe as a faw vision being PwBD candidate scheduled to be held on 22/09/2022 or any other subsequent days if the date is deferred in Cattok, Odisha and further directing the respandents to enlist the name of the applicant in the fist of candidates under the category of Persons with Benchmark Disablitty instead of enlisting the name of the applicant in the fist of General Category candidates.
c} An order directing the respandents to produce ali the records relating to the matter before this Hon'ble Tribunal so that conscionable justice may be administered thereon.
da) To pass such ather or further order or orders as this Hon'ble Tribunal may deem fit and proper. "
4, The applicant herein had applied in pursuancs of an advertisement/ recruitment notification published in. the Centralised Employment Notification (CEN) ~ RRC ~- 01/2019, and, was allotted the registration no. 1140054879. Thereatter, the applicant was intimated that his examination is scheduled to be held on 22.09.2022 {refer Online intimation Slip at Pg. 26, Annexure A/S).
aii. It is submitted by his Ld. Counsel that the applicant had applied against the said notification in the year 2019, and, 3 Oud. No, 880/1648/2022 in the meantime, he had developed 'Optic Atrophy' in both his eyes. La. Counsel would further aver that, upon examination, an expert body, ie. the Office of the Superintendent, Mistrict Hospital, Hooghly (West Bengal) issued a certificate pearing no. 19846 dated 26.11.2021 (Annexure A/S refer) whereby his percentage of visual impairment has been noted as "70%" and that his case would not require any review for the next 10 years.
According to the applicant, as the said disability percentags is nore than 70%, it has become extremely difficult for him to \ appear at the examination without the help ofa scribe.
4.2 Ld. Counsel for the applicant would further submit that the provisions contained in 'Clause no. 11.4 of the said notification CEN-01/2019 prescribes proper procedure ior availing of the assistance of a scribe during the examination.
Ld. Counsel would yociferously refer to 'clause (f° which opeads ag under:
"f Candidates who wish to avail services of scribe but are unable to furnish the details of scribe at the time of ONLINE application, may aucil the services of scribe by filling up necessary details in. Format given at Annexure _ ViD} at the CAT centre duly complying the conditions stipulated for scribe. The change of scribe may also be allowed in emergency duly recording reasons and filling eh relevant deiails inchiding pasting of photograph of the new soribe as per Annexure V{(D)."
4,3 ik is the case of the applicant that, since he is unable to appear in the examination without a scribe, therefore, he had immediately approached the competent authority with a request to allow him to take help of a scribe due to the fact that he has developed visual impairment. However, the representation sent 4 O.A. No. 350/1643/2022 through speed post has been refused by the respondents, and, in this regard,the applicant has placed on record a copy of the said intimation of refusal (at Pgs. 24 and 25, Annexure A/ 4).
Hence, this O.A. 4.4 Further, Ld. Counsel for the applicant would submit that the applicant had earlier applied pursuant -to another notification issued by the Railway Authority, which is published by RRB in the year 2019-- 'CEN- 01/ 2019' for "Non-Technical Popular Categories (NTPC), Graduate & Non-Graduate Posts". Examination for such selection was held in the year 2022, and, since the applicant was suffering from visual impairment, he had requested the authorities to allow him to appear with a scribe. No decision was taken on the said request, and, hence, the applicant was compelled to approach this Tribunal by filing O.A. No. 984/2022. This Tribunal, vide its interim order dated 10.06.2022, had observed that, in terms of the provision of 'Condition 11.4 --- (h)' of the relevant notification; the applicant can very well be allowed to avail the help of a scribe to sit for the test up to Level-5 of the said examination, and, | hence, the respondents were directed to take instructions whether any _ specific bar existed regarding request for scribes. Such instructions were sought to be brought on record by the next date of listing, i.e. by 13.06.2022.
In the meantime, the respondents/recruiting authority allowed the applicant to appear in the examination with the help 5 OLA. No. 390/1643/2022 of a scribe, and, subsequently, the said O.A. 984/2022 was disposed of vide order dated 15.06.2022.
4,5. Now, in the present O.A., the applicant states to have received an intimation to appear in an examination with respect to another notification as mentioned in para 4.0 herein above and the same is scheduled to be held on 22.09.2022.
The applicant's disability continues.and, hence, he would urge on the need for a scribe to appear for the said ohedstngy Rs ATs examination.
See In the earlier O.A., ie. OA. 984/2022, Ld. Counsel Mr. P. N, Sharma had appeared on behalf of the respondents. Since Ld. Counsel Mr. Sharma was present in the courtroom at the time of hearing of the instant O.A., we had requested him to. take appropriate instructions once again as it relates to career of one candidate.
6. Today, at the time of hearing, Ld. Counsel, Mr. B. B. Chatterjee would appear on behalf of the respondents, and, _ upon formal instructions, would file his memo of appearance. At the same time, Ld. Counsel Mr. Sharma would continue to assist this Tribunal and to suibrait that the 'Clause no. 20.2' of the recruitment notification stipulates that the decision of RRBs/RRCs in all matters relating to the eligibility, acceptance or rejection of online application, issuance of free Railway passes are final and binding on the candidates.
iV.
5 , GLA, No. 350/184 5/2022La . Counsel would submit that no enquiry or correspondence is to be entertained by the RRBs/RRCs in this regard, and, therefore, it is the prerogative of the recruiting authority to accept or not to accept, any application of the candidate relating to his/her eligibility as such.
By relying on the decision passed by the Hon'ble Apex Court in the case af Bedang Talukdar vs. Saifudanliah Khan &Ors, [2008 (7 } SCC 11], Ld. Counsel would further submit that no relaxation can be eranted to candidates beyond the conditions stipulated in the recruitment notification. In sum, he 'would submit that this Tribunal should not entertain this O.A. and allow the plea of the applicant with regard to availing the assistance of a scribe for the examination, at this juncture.
7, Heard both parties at length.
&. In the light of submissions of Ld. Counsel for both sides, and, upon perusal of materials on record, we deem it fit to dispose of this O.A. by allowing the applicant to appear in the aforementioned examination CEN-01/2019 with the help of a scribe mainlydue to the fact that, the applicant had become visually impaired after he had applied against the said recruitment notification, and, hence, without the help of a scribe, he would not be able to participate in the said examination.
As noted herein above, the notification/advertisement provides for assistance of a scribe under 'Condition no. 11.4', It Phy 7 - OA. No, 850/1643/2022 is evident that the applicant had represented before the competent authority with a request to allow him to take scribe due to his disability, and, the same was returned by the postal department with an endorsement - "Refused".
9. Under the given circumstances, as also, taking into © consideration the fact that the applicant was allowed to take the examination with the assistance of the scribe on the earlier occasion as referred to herein above, Le. with respect to another recruitment notification but of the same Railway department, and, in the interest of justice, we direct the respondents to allow the applicant herein (cancdidature/registration no. 1 140954879) to appear in the examination (dated 22.09.2022, shift-2, at Cuttack, Odisha) with assistance of a scribe.
10. it is made clear that allowing the applicant to appear in the examination does not create any peremptory right for appointment in his favour. The RRB's or any' other competent recruiting authority's decision with regard to his eligibility for appointment shall be final, Registry is directed to issue certified copy of this order forthwith.
ll, . . With the above directions, this O.A. stands as disposed of. No costs. . seo Ve (Ms. Nandifa Chatterjee) (Mx. dayesh V. Bhairavia) -
Meraber (A) Member (@)