Central Administrative Tribunal - Ahmedabad
K A Majithiya vs M/O Railways on 24 September, 2024
:: 1 :: O.A.No.507/2016
CENTRAL ADMINISTRATIVE TRIBUNAL
AHMEDABAD BENCH
O.A. No.507/2016
Dated this the 24th day of September, 2024
Reserved on:29.08.2024
Pronounced on:24.09.2024
CORAM:
Hon'ble Shri Jayesh V Bhairavia, Member (J)
Hon'ble Dr. Hukum Singh Meena, Member (A)
1. Shri Keyurkumar,
Son of Shri Ashokkumar Majithia,
Age:28 years,
Yet to be appointed in the Railways,
Residing at Plot No.32,
Madhuvan Park,
Nr, Balyogi nagar, Ghogha Road,
Bhavnagar - 364 002.
......................... Applicant.
(By Advocate :Mr. M.S.Trivedi)
VERSUS
1. The General Manager,
Western Railway,
Churchgate, Mumbai - 400 020.
2. The Secretary,
Railway Recruitment Board,
1st Floor, Meter Gauge Railway Station Building,
Ahmedabad - 380 002.
....................... Respondents.
(By Advocate : Mr.H.D.Shukla)
ORDER
Per : Hon'ble Dr.Hukum Singh Meena, Member (A)
1. The present OA has been filed by the applicant against the communication letter No.RRB/ADI/R&T/01-2014 (ALP & :: 2 :: O.A.No.507/2016 Technician) dated 26.05.2016 issued by the respondent no.2, the Secretary, Railway Recruitment Board (hereinafter referred as "RRB"), Ahmedabad, whereby the application of the applicant for the post of Assistant Loco Pilot (ALP)/Technician was rejected on the ground that Diploma in Electrical Engineering through Distance Learning Mode obtained by the applicant is not acceptable in view of the 'existing instructions' issued by the Railway Board.
2. The applicant has approached this Tribunal seeking following reliefs:-
"(A) That the Hon'ble Tribunal be pleased to allow this petition.
(B) That the Hon'ble Tribunal further be pleased to hold/declare the impugned action/ Communication No. RRB/ADI/R&T/01/2014 (ALP & Technicians, dated 26.5.2016 issued by the respondent No. 2 rejecting the application/candidature of the applicant for the post of Assistant Loco Pilot and Technician on the ground that the applicant has obtained Diploma Electrical by way of Distance Learning Mode, which is not valid as per Railway Board's instructions and further be pleased to quash and set aside the same.
(C) That, the Hon'ble Tribunal further be pleased to consider the case of the applicant for appointment to the post of Assistant Loco Pilot/Technician on the basis of his merit in the selection with all consequential benefits."
3. The brief facts of the case are as follows:-
3.1 In pursuance to the Employment Notice No.CEN/1/2014 dated 18.1.2014 (Annexure A/2) issued by the respondent no.2 for recruitment on various posts, the applicant has applied for the post of Assistant Loco Pilot (ALP) in the scale of Rs.5200-2020 +GP Rs.1900.:: 3 :: O.A.No.507/2016
3.2 Thereafter, the applicant was allotted Roll No.11415001024815 and when he qualified in the written test, he was directed to appear for aptitude test, which was to be held on 11.03.2015 in Batch I, vide communication No.RRB/ADI/E/R&T/01/2014/ALP dated 02.02.2015 (Annexure A/4) issued by the respondent no.2. The applicant had successfully qualified/cleared the said aptitude test and, therefore, he was asked to remain present on 27.10.2015 before respondent No.2 for verification of documents. Accordingly, he appeared before respondent no.2 and his documents were verified by the respondents. 3.3 Thereafter, vide a letter No.RRB/ADI/E&T/01/2014 (ALP & Technicians) dated 26.05.2016 (Annexure A1) the respondents have informed the applicant that on the scrutiny and verification of his documents, they found discrepancy to the effect that he had passed Diploma - Electrical through Distance Learning Mode (DLM).
Further it has been stated in the said letter that as per the existing instructions issued by the Railway Board, education qualification of Diploma - Electrical Engineering acquired through Distance Learning Mode (DLM) is not acceptable.
3.4 Being aggrieved by the said decision of the respondent No.2 dated 26.5.2016 (Annexure A/1), the applicant has filed the present OA.
4. Learned counsel for the applicant has contended that the impugned communication dated 26.5.2016 (Annexure A1) rejecting the candidature of the applicant for the post of ALP/Technician on the :: 4 :: O.A.No.507/2016 ground that he had obtained Diploma in Electrical Engineering through Distance Learning Mode is not valid as per Railway Board's instructions, as the same is arbitrary, illegal and unjust, being contrary to the settled legal position as well as violative of the provisions of Articles 14, 16 and 19 of the Constitution of India. 4.1 Learned counsel further contented that applicant having the requisite qualifications for the post of Assistant Loco Pilot as advertised by the aforesaid Employment Notice, was allowed to appear in the written test and on being declared successful in the said written test, he was also asked to appear in the aptitude test conducted by RRB, Ahmedabad and thereafter, on being successfully cleared/qualified the said aptitude test, he was asked to remain present on 27.10.2015 for verification of the documents and genuineness of the candidature by RRB, Ahmedabad.
4.2 Learned counsel for the applicant also contended that in the aforesaid Employment Notice for the post in question, there is no mention about the Diploma obtained from Distance Learning Mode is not a valid education qualification and as such the impugned order is not legally sustainable in the eyes of law.
4.3 Further it is stated that there was no mention of any reference to RBE or Railway Board's instructions on which reliance has been placed by the respondents while rejecting the candidature of the applicant vide the impugned order dated 26.5.2016. :: 5 :: O.A.No.507/2016 4.4 Learned counsel for the applicant has argued that requisite qualification for the post in question is Diploma in Electrical, which the applicant is having although from Distance Learning Mode. 4.5 Learned counsel for the applicant has further argued that after allowing the applicant to participate in the selection process and also having qualified in the same, the respondents are stopped from adopting/applying the norms, qualifications and certificate, which is nowhere mentioned in the said Employment Notice.
5. Per contra, in reply to the above, the respondents have denied the claim of the applicant.
5.1 Learned counsel for the respondents submitted that rejection of the candidature of the applicant for the post in question by the impugned order is legal, just and in conformity with the instructions of the Railway Board.
5.2 Learned counsel submitted that the Employment Notice No.1/2014 was published on 18.1.2014 for filling up various posts of Assistant Loco Pilot and Technician categories. At the relevant time, the instructions/clarification issued by the Railway Board vide RBE No.165/2011 dated 8.12.2011 categorically clarified that the Educational qualification i.e. Engineering Diploma/Degree obtained through Distance Education Mode is not acceptable for the purpose of employment in Railway (Annexure R/1 refer). Since the applicant herein undisputedly obtained his Diploma in Electrical Engineering :: 6 :: O.A.No.507/2016 through Distance Learning Mode, the respondents have not accepted his candidature.
5.3 It is submitted that as per the Employment Notice, at the time of filling up the application for the post in question, the candidates were not required to submit any documents regarding educational qualification(s) etc. except the caste certificate in case of SC/ST candidates, if they wish to avail facility of free travel. All the candidates, including the applicant, were provisionally allowed to appear in the written test and subsequent stages based on the details furnished in the body of the application forms. In the case of the applicant, at the time of document verification, the respondents had found that applicant had obtained Diploma in Electrical Engineering through Distance Learning Mode which is not acceptable for the purpose of employment in Railway. Therefore, the respondents have rightly rejected the claim of the applicant.
5.4 Further in his application form in the column for educational qualification, the applicant has not mentioned that he has obtained Diploma in Electrical Engineering through Distance Learning Mode. 5.5 In support of the stand of the respondents, learned counsel has placed reliance on the decision of the Hon'ble High Court of Gujarat in Special Civil Application NO.12028/2014 in the case of Sandeepkumar Sanserpal Singh vs. Union of India and another decided on 12.11.2014 (Annexure R/2 refer).
:: 7 :: O.A.No.507/20165.6 It is submitted that earlier the applicant herein had approached this Tribunal by filing OA No.411/2015 whereby he alleged that the respondents have not held document verification in his case. As against, the respondents have submitted the documentary proof of the document verification held in the case of the applicant by way of filing reply in the said OA, the applicant herein had withdrew the said OA. Now in the present case, the applicant has raised the grievance that his application has been denied by the respondents arbitrarily though he possessed the requisite educational qualification. In this regard, learned counsel reiterated that during the document verification it has been found that the applicant had obtained diploma Electrical Engineering through Distance Learning Mode which is not acceptable for appointment in Railway in terms of RBE No.165/2011 dated 8.12.2011.
6. The applicant has not filed any rejoinder. However, the applicant has filed MA 230/2023 whereby he has produced certain documents in support of his submissions made in the OA. Further, learned counsel for the applicant has also filed written submissions. By referring the same, learned counsel would argue that Railway Board had issued RBE No.50/2016 on 17.05.2016, whereby the Railway Board had decided to recognized all the degrees/diplomas certificates including technical education degrees/diplomas awarded through Open and Distance Learning mode of education by the Universities established by an Act of Parliament or State Legislature, Institutions Deemed to be Universities under Section 3 of the :: 8 :: O.A.No.507/2016 University Grants Commission, Act, 1956 and Institutions of National Importance declared under an Act of Parliament stand automatically recognized for the purpose of employment to posts and services under the Central Government provided they have been approved by the University Grants Commission. Therefore, in the case of the applicant, the respondents ought to have considered his educational qualification obtained through distance learning mode as valid in terms of the instructions contained in the RBE No.50/2016 before rejecting the claim of the applicant vide impugned communication dated 26.5.2016.
6.1 The learned counsel for the applicant has also placed reliance on the judgment of the Hon'ble Supreme Court passed in the case of Bharathidasan University and another vs. All India Council for Technical Education and others, reported in 2001 (8) SCC 676 and submitted that the applicant is entitled to be declared as qualified candidate for the post in question based on the educational qualification obtained by him.
6.2 Learned counsel has also relied upon the judgment passed by the Hon'ble High Court of Rajasthan at Jaipur in Writ Petition No.227/2021 in the case of Union of India and other vs Atul Khare decided on 30.1.2023 and submitted that the the Hon'ble High Court by referring the law laid down in Bharathidasan University case (supra) allowed the said Writ Petition of the petitioner therein and held that the petitioner possessed the requisite qualification for :: 9 :: O.A.No.507/2016 holding the post of Assistant Loco Pilot. Therefore, the applicant's case is also required to be considered in the same terms since he had also passed the Diploma Electrical Engineering through a recognized Institute (Annexure M/1, 2 & 3 refer).
7. Heard the learned counsel for the parties and perused the pleadings available on record.
8. The facts as noted above are not in disputed that the applicant herein in response to Employment Notice 1/2014 issued by the Railway Recruitment Board, had applied for the post of Assistant Loco Pilot in the Scale of Rs.5200-20200+GP 1900. As per the said employment notice dated 18.1.2014 for the post of Assistant Loco Pilot following minimum educational qualification has been prescribed:
"Matriculation + course completed at Act Apprenticeship/ITI approved by NCVT/SCVT in the trades of fitters/Electricians/Instrument Mechanic/Millwright Maintenance Mechanic/ Mechanic Radio and TV/Electronic Mechanic/Mechanic Motor Vehicle/Wiremen/ Tractor Mechanic/Armature and Coil Winder/Mechanical Diesel/Hit Engina/Turner/ Machinist /Refrigerator /AC Mechanic OR Diploma in Mechanical/Electrical/Electronic/ Automobile Engineering recognized by AICTE in lieu of ITI.
Note: Candidates having higher educational qualification in Mechanical/Electrical /Electronic/Automobile Engineering recognized by AICTE are also eligible.
8.1 It emerges from the records that the applicant cleared the written test, subsequently Aptitude Test also and thereafter as per :: 10 :: O.A.No.507/2016 letter dated 27.10.2015 issued by the RRB, the applicant appeared for verification of the documents.
8.2 During the document verification, the respondents had found that the applicant had obtained Diploma in Electrical Engineering through Distance Learning Mode. The said educational qualification obtained through Distance Learning Mode has not been recognized as a valid educational qualification by the Railway authorities in terms of existing instructions contained in RBE No.165/2011 dated 8.12.2011. Accordingly, the application of the applicant had not been accepted by the Railways for appointment to the post of Assistant Loco Pilot.
At this stage, we deem it appropriate to refer the instructions as contained in RBE No.165/2011 issued by the Railway Board which is as under:-
"Sub: Recognition of Engineering Diploma/Degrees obtained through Distance Education Mode -- Acceptance for purpose of employment on the railways.
...
References have been received from various railway establishments seeking clarification regarding status of diploma/degree in Engineering obtained from various institutions in India through Open & Distance Learning mode. The issue has been examined in consultation with Distance Education Council, New Delhi. Accordingly, Railway Board have decided not to accept diploma/degree in Engineering obtained through distance mode except AMIETE (recognition for which has been permitted vide RBE No. 230/1990) for the purpose of employment in railways with immediate effect and till further orders.":: 11 :: O.A.No.507/2016
8.3 From a plain reading of the aforesaid RBE No.165/2011, it is apparently clear that diploma/degree in Engineering obtained through distance mode except AMIETE (recognition for which has been permitted vide RBE No. 230/1990) for the purpose of employment in Railways with effect from 8.12.2011 is not acceptable. In the present case, undisputedly the applicant has obtained Diploma Electrical Engineering through Distance Learning Mode. It is also important to mention that the said instructions issued by the Railway Board were in force at the time of issuance of the Employment Notice issued in the year 2014. Therefore, we find force in the submissions of learned counsel for the respondents that the candidate who had obtained Diploma through distance learning mode cannot be considered as eligible for appointment to the post in question at the relevant time.
8.4 So far submissions of learned counsel for the applicant that his case has been rejected vide impugned order dated 26.5.2016 and on that day, the subsequent RBE No.50/16 dated 17.5.2016 ought to have been considered by the respondents since the Railway Board had subsequently decided to recognized the Degree/Diploma obtained through distance learning mode for employment in Railway is concerned, the same is also not tenable for the reason that the said RBE No.50/2016 dated 17.5.2016 has been issued by the Railway Board in respect to subsequent notification issued by Ministry of Human Resource Development dated 10.6.2015. In the said RBE No.50/16 in unequivocal terms it has been clarified that the :: 12 :: O.A.No.507/2016 instructions stated therein will be effective from the date of issue of notification of Ministry of HRD, i.e., 10.6.2015. Cases finalized prior to issuance of this letter need not be reopened.
In the present case, undisputedly the applicant applied to the post of Assistant Loco Pilot in respect to vacancy notice published on 18.1.2014 and process of recruitment was concluded in the year 2015, i.e., after document verification of the candidates including the applicant herein. The representation of the applicant against non inclusion of his name in the final select list was subsequently considered in the month of May 2016 by the Railway authorities cannot make the applicant eligible for the post in question since the recruitment process was initiated in terms of vacancy notice dated 18.1.2014 and at the relevant time, the terms and conditions contained in RBE NO.165/2011 dated 8.12.2011 was in vogue. Thus, we do not find any legal infirmities in the reasons assigned by the respondents while rejecting the claim of the applicant vide impugned order. 8.5 So far as reliance placed by the learned counsel for the applicant on the decision of the Hon'ble Supreme Court in the case of Bharathidasan University (supra) is concerned, the same is not relevant to the facts of this case as in the said case the question of law arises for consideration was as to whether the appellant-University created under the Bharathidasan University Act, 1981 having its area of operation over the Districts of Tiruchirappalli, Thanjavur and Pudukkottai in the State of Tamil Nadu, should seek prior approval of :: 13 :: O.A.No.507/2016 the All India Council for the Technical Education [hereinafter referred to as AICTE] to start a department for imparting a course or programme in technical education or a technical institution as an adjunct to the University itself to conduct technical courses of its choice and selection. As such the said decision is not applicable in the present case being distinguishable. At this stage, it is also important to mention in the present case, the application of the applicant had been rejected since the Railway authorities have not recognized the educational qualification possessed by the applicant since the same has been obtained through distance learning mode and not on the ground that applicant had obtained said educational qualification from any un-recognized Institute.
9. Suffice to state that after examination of documents, contextual instruction of the concerned authorities and general instructions especially issued by Railway Board, it is explicitly clear that as per the Railway Boards instruction vide RBE No.165/2011 dated 08.12.2011 the educational qualification of Engineering Degree or Diploma obtained through Distant Learning Mode was not acceptable for employment in Railways at the time of issue of employment notification for filling of vacancies. Therefore, rejection of candidature/application of the applicant in our considered view is in consonance with instruction of Railway Board (supra). :: 14 :: O.A.No.507/2016
10. In the facts and circumstances of the case and for the forgoing reasons, the OA lacks merit and the same is accordingly dismissed. No order as to Costs.
11. MA if any pending, also stands disposed of accordingly.
(Dr. Hukum Singh Meena) (Jayesh V Bhairavia)
Member (A) Member (J)
SKV