Central Administrative Tribunal - Kolkata
Tanmoy Biswas vs Railway Recruitment Cell(E R) on 10 June, 2025
1 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with
M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023,
O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A.
23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A.
1889/2024
CENTRAL ADMINISTRATIVE TRIBUNAL
KOLKATA BENCH
KOLKATA
Heard on: 21.04.2025
Date of Order: 10.06.2025
Present: Hon'ble Ms. Urmita Datta (Sen), Judicial Member
Hon'ble Mr. Anindo Majumdar, Administrative Member
1. O.A. No. 1071/2023 TANMOY BISWAS & ANR.
M.A. No. 483/2024
2. O.A. No. 1097/2023 ASHUTOSH MANDAL & ORS.
M.A. No. 482/2024
3. O.A. No. 1132/2023 SUJAY MONDAL & ORS.
M.A. No. 476/2024
4. O.A. No. 1143/2023 PARTHA MONDAL
M.A. No. 492/2024
5. O.A. No. 1156/2023 PROMILA MONDAL
M.A. No. 493/2024
6. O.A. No. 1184/2023 BISWAJIT SARKAR & ANR.
M.A. No. 846/2023
7. O.A. No. 1278/2023 UJJWAL SARKAR
8. O.A. No. 1367/2023 ABINASH KUMAR GUPTA & ORS.
9. O.A. No. 1413/2023 BIPLAB GHOSH & ORS.
10. O.A. No. 291/2024 PALASH CHANDRA MANDAL
11. O.A. No. 451/2024 TUTUN DEBNATH & ORS.
M.A. No. 231/2025
12. O.A. No. 484/2024 SUBRATA SUR
13. O.A. No. 815/2024 BHAGLU CHOUDHURY
M.A. No. 53/2025
M.A. No. 219/2025
14. O.A. No. 992/2024 BIPLAB PRAMANICK
M.A. No. 23/2025
15. O.A. 1001/2024 ACHINTA MRIDHA
16. O.A. 1002/2024 HARIDAS SADHUKHAN & ORS.
17. O.A. 1310/2023 BIPUL KUMAR BISWAS
M.A. 1234/2024
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283,
Shantan
OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1
, Phone=
495dab51bd16f95eab3873746237af9545f
09bb4143baf81a658d7fbc937c888,
u PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d
7f6d80c4812359eaee8938da0637e, CN=
Pramanik
Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2025.06.10 15:31:11-07'00'
Foxit PDF Reader Version: 2024.3.0
2 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with
M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023,
O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A.
23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A.
1889/2024
M.A. 233/2024
18. O.A. 1361/2024 PRADIP MAJUMDAR
19. O.A. 1362/2024 SAMRAT HALDER
20. O.A. 1889/2024 PIJUS KANTI BHOWMIK
.........Applicants
-Versus-
1. UNION OF INDIA,
Service through the General Manager,
Eastern Railway,
Having its Office at Fairly Place,
Kolkata -700001.
2. The CHAIRPERSON,
Railway Board,
Having its office at Rail Bhavan, Raisina Road,
New Delhi - 110 001.
3. THE DIRECTOR,
Estt., Railway Board,
Having its office at Rail Bhavan,
Raisina Road,
New Delhi - 110 001.
4. THE EXECUTIVE DIRECTOR,
Estt., Railway Board,
Having its office at Rail Bhavan,
Raisina Road,
New Delhi - 110 001.
5. THE JOINT DIRECTOR,
Estt., Railway Board,
Having its office at Rail Bhavan,
Raisina Road,
New Delhi - 110 001.
6. THE GENERAL MANAGER,
Eastern Railway,
Having its Office at Fairly Place,
Kolkata -700001.
7. The Additional General Manager,
Eastern Railway,
Having its Office at Fairly Place,
Kolkata - 700 001.
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283,
Shantan
OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1
, Phone=
495dab51bd16f95eab3873746237af9545f
09bb4143baf81a658d7fbc937c888,
u PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d
7f6d80c4812359eaee8938da0637e, CN=
Pramanik
Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2025.06.10 15:31:11-07'00'
Foxit PDF Reader Version: 2024.3.0
3 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with
M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023,
O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A.
23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A.
1889/2024
8. THE CHAIRMAN,
Railway Recruitment Cell,
Eastern Railway,
Having its Office 56, C.R. Avenue,
Kolkata -700012.
9. The Chief Personnel Officer,
Eastern Railway,
Having its Office at Fairly Place,
Kolkata - 700 001.
............Respondents
10. Bishnu Mondal
(O.A. 291/2024, O.A. 451/2024, O.A. 815/2024,
O.A. 992/2024, O.A. 1413/2023, 1310/2023)
11. Anil Kumar Yadav
(O.A. 291/2024, O.A. 1310/2023, O.A. 451/2024,
O.A. 815/2024, O.A. 1413/2023)
12. Amrendra Kumar
(O.A. 291/2024, O.A. 1310/2023, O.A. 451/2024,
O.A. 815/2024, O.A. 1413/2023)
13. Biswajit Mondal
(O.A. 291/2024, O.A. 1310/2023, O.A. 451/2024,
O.A. 815/2024, O.A. 1413/2023)
14. Tumpa Mondal
(O.A. 1001/2024, O.A. 1361/2024, O.A.
1362/2024, O.A. 1889/2024)
15. Birendra Kumar
(O.A. 1310/2023)
16. Baishakhi Biswas
(O.A. 1310/2023)
17. Amit Bala
(O.A. 1310/2023)
18. Abhishek Sharma
(O.A. 1310/2023)
19. Payel Biswas
(O.A. 1002/2024)
.... Private Respondents
For the Applicants : Mr. A. Chakraborty, Counsel
Mr. Arpa Chakraborty, Counsel
Mr. S. Roy, Counsel
Ms. P. Mondal, Counsel
Mr. Argha Chakraborty, Counsel
(in all the O.A.s)
For the Respondents : Mr. S. Paul, Counsel
Digitally signed by Shantanu Pramanik
DN: C=IN, O=Personal, T=6283,
Shantan
OID.2.5.4.65=
133598026844054409pZp0Sk77DU2VN1
, Phone=
495dab51bd16f95eab3873746237af9545f
09bb4143baf81a658d7fbc937c888,
u PostalCode=712223, S=West Bengal,
SERIALNUMBER=
1d3af0fbe8dee56095510835a714afdf51d
7f6d80c4812359eaee8938da0637e, CN=
Pramanik
Shantanu Pramanik
Reason: I am the author of this document
Location:
Date: 2025.06.10 15:31:11-07'00'
Foxit PDF Reader Version: 2024.3.0
4 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with
M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023,
O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A.
23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A.
1889/2024
(in O.A. Nos. 1001/2024, 1002/2024,
1310/2024, 484/2024)
Mr. R. Halder, Counsel
(in O.A. Nos. 1290/2024, 1291/2024,
Mr. B.K. Banerjee, Counsel
(in O.A. Nos. 1071/2023, 1097/2023,
1132/2023, 1143/2023)
Dr. D. Chowdhury, Counsel
(in O.A. Nos. 1889/2024, 992/2024,
815/2024, 451/2024, 291/2024,
1413/2023, 1367/2023)
Ms. T. Mukherjee, Counsel
(in O.A. No. 1156/2023)
Ms. D. Ghosh Dastidar, Counsel
(in O.A. Nos. 1184/2023, 1278/2023,
1310/2023, 1361/2024, 1362/2024)
ORDER
Ms. Urmita Datta (Sen), Judicial Member:
Since all the O.A.s bears common facts and common question of law, for the sake of brevity, facts are delineated from O.A. No. 1071/2023. The Order passed in this O.A. will govern the rest of the O.A.s.
2. The applicants of O.A. No. 1071/2023 have filed the instant Original Application under Section 19 of the Administrative Tribunals Act, 1985 praying for the following relief:
"i. A direction directing an independent expert authority outside the purview of the concerned respondent authorities to reassess the wrongly assessed 54 questions mentioned in para xiv of page 10 by the respondent authorities respect of selection process initiated by the Railway Recruitment Cell (Eastern Railway) in regards of answer keys which was published on 15th July, 2021 & clarified on 24 September, 2021.
ii. A direction directing the respondent authorities to change and/or modify and/or set aside and/or rescind and/or amend the Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 5 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 notification being no- RRC-ER/Answer Key /EN-
0112(45) dated 15.07.2021.
iii. A direction directing the respondent authorities to forthwith allot the applicants the marks which the applicants shall get after reassessment since attempting those questions applicants were given negative marks.
iv. A direction directing the respondent authorities to forthwith reassess and/or re- evaluate the OMR sheet of the applicants and award full marks to question no. 01. 35, 52 & 75 in morning shift in respect of Question Booklet Series D of Written Examination dated 27.10.2014 in the selection process initiated by Employment notice no. 0112 dated 16th August 2012 and to follow consequential steps for recruitment and/or appointment.
v. A direction directing the respondent authorities to forthwith reassess the answer script of your applicants and revisit the panel of selected candidates pursuant to the employment notice being no. 0112 dated 16th August 2012;
vi. A direction directing the respondent authorities to forthwith appoint your applicants to the post of Group-D pursuant to the selection process initiated by employment notice no. 0112 dated 16th August 2012:
vii. A direction directing the respondent authorities to transmit all records pertaining to this case so that conscionable justice may be administered to your applicant.
viii. A direction directing the respondent authorities to publish the OMR sheet of all the selected candidates in their official website.
ix. Any other and/or others relief as your Lordship may deemed and proper."
3. The admitted facts that arise from pleadings are as under:-
The applicants had applied for recruitment to Group 'D' posts in response to Employment Notification No. 112 of 2012 dated 16.08.2012 published by the Railway Recruitment Cell, Eastern Railway. Clause 16 of the Notification lays down the selection procedure which is as under:-Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,
Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 6 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 "Clause 16 of the Notification lays down the selection procedure which is as stated below:-
16.1. Selection will be based on MERIT only.
First there will be a Written Examination. Candidates to a limited extent, in order of merit, out of those who obtained the prescribed minimum pass marks in the Written Examination will be called for Physical Efficiency Test (PET). Those who will qualify in Physical Efficiency Test (PET) will have to go through the original document verification. Candidates who will found eligible after Physical Efficiency Test (PET) will be called for Medical Examination of relevant standard as shown against each category of post at page-1 of this notification. There will be no interview....."
The applicants were called for written examination which was conducted within a span of 05 days and comprising two sessions in each day from 27.10.2013 onwards to 08.12.2013 in two shifts (Morning & Evening). The applicants appeared in the written examination on 27.10.2013 in the morning shift. The applicants duly qualified in the written examination and were called for the Physical Efficiency Test (PET), which was conducted on 26th February to 7th March, 2014. The applicants participated in the PET conducted on 26th February, 2014 to 7th March, 2014 wherein they were asked to submit the original documents and the same were verified successfully by the respondents. Thereafter, they were not called to appear in the medical test whereas medical test was conducted for some other unsuccessful and ineligible candidates.
Initially, the respondents denied to provide OMR Sheets and answer keys to the applicants in terms of Railway Board's Circular No. E(RRB)/2006/34/3 dated 12.06.2006 issued under Right to Information Act, 2005 - Policy for RRBs to all the Zonal Railways Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 7 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 wherein it has been specifically stipulated under Clause 1(x) that Copies of Question Paper/Answer Sheets/Answer Keys of the Question paper should not be provided to candidates before or after examination.
Aggrieved by the same, some of the candidates approached this Tribunal by filing O.A. praying for supply of copy of OMR sheet, answer keys and quashing the Railway Board Circular dated 12.06.2006. However, this Tribunal vide Order dated 06.10.2016 dismissed the Original Application and thereafter a Review Application was also filed which was dismissed on 23.01.2017.
Aggrieved by such Order, some of the candidates filed WPCT No. 116 of 2017 before the Hon'ble High Court, Calcutta and the Hon'ble High Court vide order dated 25.10.2017 passed the following direction :-
"......The answer keys should be made available to the petitioner in Court within three weeks from date. It is specified that the answer keys should be in respect of the examination held pursuant to Employment Notice No. 0112 dated August 16, 2012. The answer keys should correspond to the petitioner's booklet series."
The respondents, however, did not comply with the said Order and thereafter a Contempt Application was filed before the Hon'ble High Court at Calcutta. Subsequently, in the year 2021 pursuant to the aforementioned Order, the respondent authorities published the answer keys in their official website and clarified the answer keys on 24.09.2021.
Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 8 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 In the meantime, since the applicants were not called for medical test they preferred a representation before the authorities to provide them a copy of their evaluated OMR sheet along with answer keys, marks obtained by them, cut off marks and other queries under Right to Information Act, 2005. Thereafter, the applicants received copy of the OMR sheet along with other piece of information. It has been clearly revealed in the RTI application that Shri Tanmoy Biswas i.e. the applicant No. 1 had secured 81.23 marks and the applicant No. 2 had secured 79.64 marks in the written examination. However, the cut of marks in the written examination was 82.33 for the Unreserved category and both the applicants belong to Unreserved category.
The applicants would contend that while scrutinizing the relevant question paper and answer keys properly it has been discovered that the respondent authorities have wrongly assessed several question for which the applicants received lesser marks and had to suffer negative marking in the selection process. They had also preferred representations to the authorities through Speed Post dated 06th September, 2022 which remained unanswered.
Further, the applicants came to know that the similar issues have been heard by this Tribunal and in the matter of Pratap Biswas vs. Union of India & ors. (O.A. No. 432 of 2019) dated 9th February, 2022, this Tribunal, inter alia, held as under:-
"6. Accordingly, this Tribunal is of the considered view that the decision on the correctness of the answer keys should be left to subject experts, and, would accordingly, Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 9 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 direct the respondents authorities to set up a committee of subject experts who had not been part of the expert committee that had prepared the answer key in the selection process of 0112 of 2012. The committee of newly engaged subject experts will decide or accurate answers to the disputed questions bearing nos. 1.5.6.53 and 66 and thereafter, arrive at their conclusion on the veracity of the answer key with respect to the disputed questions and, advise the applicant accordingly through a reasoned order......"
The matter went up to the Hon'ble Supreme Court in SLP (C) No. 16330 of 2022 wherein the Hon'ble Apex Court has also held as under:-
"Insofar as the submission on behalf of the petitioner that in the speaking order dated 24.10.2018, the Railway Board has already opined that there is no provision for reassessment/reevaluation of the OMR sheet and, therefore, the observation made in the speaking order shall influence the Expert Committee is concerned, it is observed that the Expert Committee shall take an independent decision and if ultimately it is found that the answers in the answer key were not correct, it goes without saying that necessary consequences shall follow and appropriate decision shall have to be taken by the Railway Board on the basis of the Report of the Expert Committee.
Considering the fact that the recruitment is of the year 2012, we direct the Expert Committee to submit the Report expeditiously and preferably within a period of six months from today...."
That the applicants submits that apart from the aforesaid issue, the applicants are entitled to get their answer sheet re-
evaluated and thereby grant of the consequential benefits in their favour particularly when by way of placing reliance on the prescribed books/text books/journals/ publications as aforesaid, the applicants have clearly demonstrated the answers relied upon by the respondents to be wrong and particularly when it is the settled proposition when the key answer is incorrect, it would be unfair to penalize the candidates for attempting/not giving an Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 10 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 answer which accords with such wrong key answers as observed by the Hon'ble Apex Court of India in the case of Kanpur University, though Vice Chancellors and Others Vs. Samir Gupta & Ors.
reported in (1983), 4 SCC 309.
The respondents also misdirected themselves in not extending the benefit of outcome in Pratap Biswas case to the applicants and other similarly circumstances candidates and thereby acted in utter violation of the principle that the benefit of revision/re-evaluation should not be limited only to those candidates who had approached Court but should be extended be extended to all candidates since fault does not lie with them but with examining body as has been observed by the Hon'ble Supreme Court of India in the case of Rishal & Ors. Vs. Rajasthan Public Service Commission & Ors.
reported in (2018) 8 SSC 81.
After getting liberty from the Hon'ble High Court, one Shri Bipul Biswas approached this Tribunal. From the perusal of the submission made by the respondents it is noted that some of the candidates had initially filed one Writ Petition being WP No. 3578(W)/2016 before the Single Bench of the Hon'ble High Court for production of answer keys. However, the Hon'ble High Court dismissed the same for want of jurisdiction vide Order dated 22.03.2016 with a liberty to the petitioners to approach before this Tribunal. Thereafter, different O.A.s were filed out of which Bipul Biswas & ors. had filed O.A. No. 595/2016. The said Bipul Biswas has now approached this Tribunal again by filing O.A. No. Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 11 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 350/01310/2023. This Tribunal vide Order dated 19.07.2016 directed the respondents to produce the OMR answer sheets, question papers and answer key's or whatever is required to find out whether the answers were correct. However, ultimately, vide Order dated 06.10.2016 this Tribunal dismissed all the O.A.s and M.A.s in CP holding that once the direction has been complied with by the Respondents by preparing the final merit list in terms of the process of recruitment by following the Rules, we do not find any illegality in publishing the final list.
Being aggrieved with against the rejection passed in 14 O.As, 13 WPCTs were filed praying for production of answer keys against the notification No. 0112 of 2012. Subsequently, in compliance of the said Order of the Hon'ble High Court dated 24.04.2020 wherein the selected candidates were also made party, the Hon'ble High Court had not only quashed the Order of this Tribunal dated 06.10.2016 but also made certain observation on the issue of normalization which reads as under:-
"..... We do not find any substance in the aforesaid contention raised before us simply on the basis of the perceived biasness without any material disclosed before us. The Tribunal has taken care of the likelihood of bias by directing the expert committee to be constituted, which would not include any member of the expert committee, who prepared and published the answer keys.
Such being the position, we do not find that merely because the Railway Authorities would constitute an expert committee it would augment the likelihood of bias nor we can think that the pleas of bias can be accepted on mere presumption.
However, we express our concern on the issue which is dated as far as 2012 and we except and trust the Railway Authorities that they would complete the entire process, a mandated by the Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 12 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 Tribunal in the impugned order, within four months from the date of communication of this order."
The applicants would contend that the entire recruitment process has been vitiated since the respondents have adopted a pick and choose method which appointing candidates. They have further submitted that since the assessment made by the respondents is erroneous, the applicants were not awarded any marks although the applicants had attempted the question correctly and in addition to that 0.33 marks have been deducted from them because of negative marking.
It has also been stated that almost 5709 candidates have been selected for the post of Group 'D', who could not be impleaded in this O.A. and hence they have prayed before this Tribunal to direct the respondents to served copy of this Original Application upon the concerned party respondents. The applicants are also aware of the fact that certain vacancies still exists in the selection process of recruitment during the year 2012 and the respondents have already published an advertisement for conducting the next selection process, thus their rights have been severely prejudiced. Aggrieved by the same, the applicants have filed this O.A.
4. The Respondents have filed their reply statement contending that the written examination and the normalized score is the main criteria for determining merit for candidates who had appeared in the selection process. The successful candidates in the written test Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 13 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 were called for Physical Efficiency Test (PET) as per merit in their respective communities in the ratio of 1:3 of the total number of notified vacancies for that particular community. This ratio was communicated vide RBE No. 166/2005 which substituted Para 7.5(ii) of RBE 121/2005. The Physical Efficiency Test is of qualifying nature which is followed by document verification. The candidates who clear the document verification stage are sent in the ratio of 1:1 of notified vacancies as per merit in their respective communities for medical examination. Since there is no provision for taking interview, candidates who failed to come within the zone of consideration as per merit in their respective communities in the ratio of 1:1 of notified vacancies as per merit, are not sent for medical examination. After following each and every step of selection procedure, candidates who are found fit in medical examination are placed in the provisional panel. The respondents have specifically contended that as per the settled panel thousands of candidates have already the Railways and the currency of the panel of E.N. No. 0112 has already expired on 25.09.2017. Further, it has also been stated that subsequent Employment Notices i.e. E.N. No. 0113 & CEN-01/2015, CEN-02/2018 were also published and provisional panel of all employment notifications have also been published.
They have contended that the applicants appeared in the written examination on 27th October, 2013. Thereafter, they were called for Physical Efficiency Test and Documentary Verification on Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 14 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 26.02.2014 but they were not called for medical examination since they obtained less marks than the last eligible candidate under UR category. The applicants had obtained 82.22 and 79.63 marks out of 100 after normalization of their score and the last eligible UR candidate who was called for medical examination and provisionally empanelled obtained 82.33 out of 100 marks. The respondents have also submitted that only qualifying in the written examination and PET does not confer any right for calling the candidates in the medical examination. Candidates are called for medical examination strictly as per merit in the ratio of 1:1 of the total notified vacancy and candidates who have come in the zone of consideration were called for medical examination and since the applicants did not come into the zone of consideration they were not called for further process of selection process. The final panel of E.N. No. 0112 was published on 26.09.2015 on the official website and currency of which expired on 25.09.2017.
They have submitted that this O.A. has been filed after 08 years from the date of publication of panel and 06 years from the date of expiry of currency of panel hence they are debarred from filing this Original Application as per Section 21 of the Administrative Tribunals Act, 1985.
They respondents have relied upon the judgment passed by the Hon'ble Apex Court in the matter of Bhoop Singh vs. Union of India & ors. reported in 1992 AIR 1414 wherein it has been held as under:-
Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 15 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 "Inordinate and unexplained delay or latches is by itself a ground to refuse relief to the petitioner, irrespective of the merit of his claim. If a person entitled to a relief chooses to remain silent for long, he thereby gives rise to a reasonable belief in the mind of others that he is not interested in claiming that relief."
The respondents have also relied on the Hon'ble High Court of Punjab & Haryana, Chandigarh in CWP No. 13174 of 2015 Pramod Kumar - vs. - Central Administrative Tribunal dated 11.07.2014 wherein it has been held as under:-
"In the matter on finalization of answer key, the Tribunal or this Court is not possessed sufficient expertise to return the finding that answer key is incorrect. In fact, while exercising the powers of judicial review in the academic matter, the wisdom of the professionals alone is required to be respected. Even if there is a mistake in the answer key, the same is applicable universally to all the candidates. Therefore, we do not find that the petitioner has made out any case for review of the answer key by judicial intervention."
They have went on to state that the since the currency of the panel of E.N. No. 0112 has expired in terms of RBE No. 121/2005 (Para 7.11), there is no scope to reopen the matter as the claim is a belated one. The respondents have also specifically averred that the applicants were not party in WPCT No. 116 of 2017 (Bipul Kumar Biswas & ors. -vs. - Union of India & ors.) and hence at this belated stage they cannot allege regarding non-supply of OMR Sheet and Answer Key against E.N. No. 0112. They have emphasized on the fact that since the OMR Sheets of all the candidates were evaluated uniformly by adopting computerized process hence there is no question of discrimination or bias. The candidates were not empanelled due to lower merit position. The Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 16 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 respondents have also stated that the final recruitment panel has been operated only after obtaining clearing from this Tribunal and the selected candidates have already been appointed and they are serving the Railways. They have also contended that selection process against E.N. No. 0112 was conducted strictly as per rules and the applicants have not been discriminated in any manner and the applicants are mere fence sitters and were waiting for the outcome of the application filed by Sri Pratap Biswas & ors.
Finally, the respondents have relied upon a decision of this Tribunal in M.A. No. 350/437/2015 passed in O.A. No. 350/1680/2015 dated 06.10.2016 wherein this Tribunal had inter alia held as under:-
"If we direct the respondents to get the medical test of the applicants done this will be a futile exercise because they did not have secured such mark in the written test so as to be accommodated within the vacancies notified and filled up by the respondents. Therefore, their medical examination not at all necessary and once the direction has been complied with by the respondents by preparing the final merit list in terms of the process of recruitment by following the Rules. We do not find any illegality in publishing the final list."
Hence, the respondents have stated that the O.A. being barred by limitation and devoid of merit is liable to be dismissed at the threshold.
5. The applicants have filed rejoinder wherein they have submitted that the respondents had uploaded the answer key on their official website on 15th July, 2021 and issued clarificatory answer key on 24th September, 2021 in pursuance to the judgment Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 17 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 of the Hon'ble High Court dated 25th October, 2017 and only thereafter the applicants were able to assess their marks comparing the question paper, answer keys and OMR sheet and thereafter they filed a representation before the Chairman, RRC on 28.10.2020.
However, they have submitted that they have received the answer keys from the Ex-Chairman, RRC who had intentionally delayed to publish the answer keys for causing delay in the selection process.
The applicants have specifically stated that the respondents have wrongly assessed the questions of the applicants and hence the applicants are entitled to get additional marks and hence they may be appointment. Further, the replacement panel has not been published yet as per the Railway Board Circular No. 73/2008 wherein a huge number of vacancies have still remained unfilled in the selection process initiated by Employment Notice No. 0112 dated 16.08.2012. The applicants have submitted that in the case of Pratap Biswas v. Anil Kumar Lahoti & ors. it was specifically contended by the respondents that an Expert Committees have been constituted to assess all the alleged wrong answers made by different applicants. It has further been stated that pursuant to the Hon'ble Supreme Court's direction, they have been allowed to re-
evaluate the answer sheet of Sri Pratap Biswas which ultimately resulted in his empanelment. Thereafter, the Railway Board had issued a letter to the General Manager dated 21.08.2023 wherein it has clearly been mentioned that in view of the recommendations of the Expert Committee, the candidature of Sri Pratap Biswas may be Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 18 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 considered for appointment for the post of Group - D. Ld. Counsel for the applicant further submits that in terms of the Railway Board's letter as well as the recommendations of Expert Committee, it is crystal clear that the answer keys are wrongly assessed and the entire selection process has been conducted based on wrong answer keys. Hence, the respondents are adopting a dilly dally tactics in order to suppress their mistakes. The applicants have further submitted that the respondent authorities have intentionally refused to provide the detailed report of Expert Committees in respect of alleged questions of Sri Pratap Biswas as well as the alleged wrong questions made by different applicants in different O.As. They have stated that the identity of the Expert Committee ought to be released to confirm whether the said Committee is independent or not. The applicants have further alleged that the answer keys should have been kept in the office of the respondents but surprisingly the answer keys were obtained from the Ex-
Chairman of RRC, Eastern Railway.
6. The Official Respondents have also filed written notes of arguments wherein they have contended that after following each step of selection procedure, candidates who were found fit in medical examination, were placed in provisional panel. It is also submitted that since it was a settled panel where thousands have already joined and are serving the Railway, the currency of E.N. No. 0112 has already expired on 25.09.2017. Future Employment notices i.e. E.N. No. 0113 & CEN-01/2015, CEN-02/2018 were also Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 19 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 published and provisional panel of all notifications were also published. The final panel of E.N. No. 0112 was published on 26.09.2015 on the official website and currency of the panel expired on 25.09.2017. Hence, the present applicants had filed the instant case after 08 years from the date of publication of panel and 06 years from the date of expiry of currency of panel. The respondents have relied upon a judgment delivered by the Hon'ble Apex Court in (2007) 5 SCC 572 wherein it has been held as under:-
"Once a fresh list is prepared pursuant to a subsequent advertisement, person empanelled in the earlier selected list issued under earlier advertisement is not entitled to be appointed."
The respondents have also relied upon a judgment of the Hon'ble Apex Court in (2008) 3 SCC 724 wherein it has been categorically mentioned that vacancies left over from previous selection will automatically be included in subsequent selection.
They have further submitted that pursuant to directions issued by the Hon'ble Supreme Court in SLP No. 16330 of 2022, with the approval of the Competent Authority of Eastern Railway, subject expert committee was formed. On 04.05.2023, the subject expert committee reviewed the answers of four questions of History and one question of Sports regarding objection raised by the applicant Shri Pratap Biswas related to examination dated 01.12.2013 (Evening Shift) of E.N. No. 0112 and since the said Shri Pratap Biswas was found to be eligible he was given appointment against notification E.N. No. 0112. They have stated that since the appointed candidates have not been made party in the Original Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 20 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 Application hence the O.A. needs to be rejected at the outset. In support of their claim they have relied on Hon'ble Apex Court judgment in Prabodh Verma & ors. v. State of Uttar Pradesh & ors.
reported in (1984) 4 SCC 251 wherein it has been held as follows:-
"A High Court ought not to hear and dispose of a writ petition under Article 226 of the Constitution without the persons who would be vitally affected by its judgment being before it as respondents or at least some of them being before it as respondents in a representative capacity if their number is too large to join them as respondents individually, and, if the petitioners refuse to so join them, the High Court ought to dismiss the petition for non-joinder of necessary parties"
They have also contended that since many of the selected candidates have already joined service and got seniority it is now not open for this Tribunal to unsettle the settled position and the O.A.s needs to be dismissed at the threshold.
7. However, the respondents had approached the Hon'ble High Court, who affirmed the Order of this Tribunal and ultimately they had also approached the Hon'ble Supreme Court by filing SLP No. 16330/2022 wherein also the Order passed by this Tribunal has been upheld.
8. We have heard the Ld. Counsel for both sides and perused the materials available on record.
9. It is noted that as per the applicants though they had sought for OMR sheet and answer key under RTI Act, those documents were not provided to them. The Examination Notification was issued in the year 2012 and PET was completed in the year 2014.
Thereafter, they received no call letter to appear in the medical test.
Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 21 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 In the meantime, some of the candidates approached this Tribunal praying for supply of OMR sheets, answer keys and challenged the Railway Board's Circular dated 12.04.2006. As this Tribunal had dismissed the said O.A., being aggrieved with, the candidates filed WPCT No. 116/2017 before the Hon'ble High Court and the Hon'ble High Court vide Order dated 25.10.2017 directed the respondents to make available the answer key and ultimately the respondent authorities published the said answer key in their official website on 24.09.2021. After going through the said answer key, the applicants had asked for the OMR sheets under RTI Act and found that the applicant No. 1, Sri Tanmoy Biswas had secured 81.23 Marks and the applicant No. 2, Shri Tarun Dhar had secured 79.64 marks in the written examination whereas the cut off marks of written examination was 82.33 for Unreserved Category. In the meantime, one Pratap Biswas filed one O.A. 432/2019 which was disposed of on 09.02.2022 directing the respondent authorities to set up a committee of subject experts and the said Committee was directed to decide on the disputed questions bearing Nos. 1, 5, 6, 53 and 96 and thereafter to arrive at their conclusion on the veracity of the answer key with respect to the disputed questions and advise the applicant accordingly with a reasoned order. Thereafter, Shri Pratap Biswas was appointed in the year 2023. In view of the above, we are not convinced with the arguments advanced by the respondents on the ground of delay and latches as written examination was concluded in the year 2014. In the meantime, Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 22 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 some candidates of different OAs had approached this Tribunal and ultimately the Hon'ble High Court at Calcutta, initially directed to supply OMR sheets and answer keys in the year 2017 and when after facing the Contempt Petition before the Hon'ble High Court, the respondents had published the answer key and supplied OMR sheet to the applicants, they found that there were some errors in the answer key. Therefore, if we have to accept the contention of the respondents that the currency of the panel had expired in the year 2017, then how in the case of one Pratap Biswas, who had approached this Tribunal in the year 2019 and in his case the respondents were directed by this Tribunal to constitute an Expert Committee, which travelled upto the Hon'ble Supreme Court and the said candidate (Shri Pratap Biswas) was found successful in the said examination subsequently on the basis of Expert Committees report. Thus the respondents have themselves admitted that after re-evaluation done by the Expert Committee as per the direction of the Hon'ble Apex Court, said Pratap Biswas was appointed, it seems that obviously there are some mistakes in the answer keys, which resulted in appointing Shri Pratap Biswas after re-evaluation of OMR sheet vis-à-vis answer key. In view of the above facts and circumstances, if Shri Pratap Biswas can be accommodated when he filed his O.A. in 2019 only i.e. after so called expiry of the panel of 2017 and when the new Expert Committee found some answers in the earlier answer key to be incorrect, then in our considered opinion, it has an effect on each and every candidate, including the Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 23 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 result of the selected candidates also. Thus, in our considered view, when in the case of Shri Pratap Biswas wherein also the same question was raised, and his case was considered by the Tribunal as well as the Hon'ble High Court, which was upheld upto the Hon'ble Apex Court, then as the instant O.A.s were filed in 2023 after obtaining knowledge of appointment of Shri Pratap Biswas, who was initially found to be unsuccessful on the basis of initial answer key, these O.A.s cannot be treated as barred by limitation.
10. Further, the issue of re-evaluation and re-assessment has already been considered and decided by the Hon'ble Apex Court in SLP No. 16330/2022, wherein in their Order dated 31.10.2022 the Hon'ble Apex Court has held as under:-
"Insofar as the submission on behalf of the petitioner that in the speaking order dated 24.10.2018, the Railway Board has already opined that there is no provision for reassessment/reevaluation of the OMR sheet and, therefore, the observation made in the speaking order shall influence the Expert Committee is concerned, it is observed that the Expert Committee shall take an independent decision and if ultimately it is found that the answers in the answer key were not correct, it goes without saying that necessary consequences shall follow and appropriate decision shall have to be taken by the Railway Board on the basis of the Report of the Expert Committee.
Considering the fact that the recruitment is of the year 2012, we direct the Expert Committee to submit the Report expeditiously and preferably within a period of six months from today...."
The said incumbent Shri Pratap Biswas also preferred one Contempt Petition (Civil) Diary No. 22936 of 2023 alleging non-
compliance of the aforesaid solemn order passed by the Hon'ble Apex Court of India. During the pendency of the said Contempt application, the respondents submitted an affidavit on oath before Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 24 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 the Hon'ble Supreme Court of India stating that the subject expert committee has already been constituted and the reports have been submitted to the Railway Board and the Railway Board issued circular dated 20.06.2023 observing in favour of constitution of expert committees to assess all the claims of wrong answers. It was further confirmed by the respondents on oath that expert committees have already been constituted to assess all the alleged wrong answers made by different applicants in Original Applications.
Thus, the aforesaid Railway Board Order dated 20.06.2023 confirms such direction towards constitution of expert committee to assess all the claims of wrong answers, which is quoted hereunder:-
"No. E (NG)II/2023/RR-1/4/ER New Delhi, Dated: 20.06.2023 The General Manager (P), Eastern Railway, Kolkata.
(Kind Attention: Sucharita Das, Chairperson/RRC/ER) Sub: Hon'ble Supreme Court of India's Judgment dated 31.10.2022 in SLP (C) 16330/2022 (Pratap Biswas Vs UOI & Ors.) Ref: Eastern Railway's letter No. RRC/ER/SLP/16330/2023/P. Biswas dated 17.05.2023, 08.06.2023 and 12.06.2023.
Please refer to your Railway's letters under reference. In this connection, it is stated that before the matter is examined further in Board's office it is advised to take following action:
(1) A suitable application may be filed before the Hon'ble Apex Court (in the matter of Pratap Biswas) / Tribunal (in other decided O.As) for seeking time as proposed by Eastern Railway for assessing the magnitude of the problem and veracity of the claims of the petitioners to enable a decision on the issue.
(ii) Insofar as various other OAs are concerned wherein claim is regarding wrong key, the Railway should assess the magnitude of the problem in specifics rather generalisation.
An expert committee may be constituted to assess all the Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 25 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 claims of wrong answers. The Railway should thereafter take a view regarding accepting/confirming the views of expert committee and assess the implications. Thereafter E. Railway may refer the matter to Railway Board alongwith committee's findings and Railway's views on implications and the size of the problem with respect to claimants of various OAs apart from possible alternative courses of action for taking a considered view in the matter.
Sd/-
(U. K. Tiwari) Joint Director, Estt. (N) Railway Board"
11. The Railway Board further issued a letter to the General Manager vide No. E(NG)II/2023/RR-I/4/ER dated 21.08.2023 wherein it has been stated that in view of the recommendation of the Expert Committee, the candidature of Sri Pratap Biswas may be considered for appointment for the post of Group - 'D'. The said letter is quoted hereunder:-
"No. E (NG)II/2023/RR-I/4/ER New Delhi, Dated: 21.08.2023 The General Manager (P), Eastern Railway, Kolkata.
(Kind Attention: Shri J. P. Kusumakar, CPO/Adm.) Sub: Implementation of Hon'ble Supreme Court of India's orders dated 31.10.2022 in SLP (C) 16330/2022 (Pratap Biswas vs. UOI & Ors.) Ref: (i) Eastern Railway's letter No. RRC/ER/SLP/16330/2023/P. Biswas dated 10.08.2023 & 16.08.2023.
(ii) Railway Board's letter No.(NG)11/2023/RR-
1/4/ER dated 07.08.2023 Please refer to Eastern Railway's letter dated 10.08.2023 and 16.08.202.3 on the above subject. The issue regarding implementation of directions of Hon'ble Supreme Court in above matter has been considered by the Competent Authority in view of the recommendations of the Expert committee accepted by the Railway and forwarded to Board and it has been decided that:
(a) The candidature of Sri Pratap Biswas may be considered in personam for appointment to Level-1 post in compliance of directions of Hon'ble Supreme Court in subject matter. The relevant panel will be deemed to be extended/revived for the above purpose.Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,
Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 26 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024
(b) The same shall be subject to fulfillment of remaining formalities/conditions like medical fitness etc. as per Railway Rules and outcome of SLP No.011748/2020 (Bipul Kumar Biswas and Ors vs UOI & Ors) and all other court cases in which Pratap Biswas is a party.
(c) The grant of benefit in his case will not be treated as precedent in any other case as the instant orders are being issued keeping in view the specific facts and circumstances of the case and the directions of Hon'ble Supreme Court issued at admission stage without notice to the Railway administration which could not be got reviewed.
(d) Railway is also advised to fix responsibility for the lapse and take appropriate penal action against those found responsible for the lapse.
(e). The Railway may file a compliance affidavit on behalf of all the Railway Respondents before the Hon'ble Supreme Court through Central Agency Section and ensure closure of the contempt petition initiated in this case.
Sd/-
(U. K. Tiwari) Director, Estt. (N), Railway Board"
12. It is observed that the case of Sri Pratap Biswas was considered on the basis of the Expert Committee's report of wrong answer key and Sri Biswas has been given appointment in the year 2023. Therefore, the argument on the part of the respondents that the currency of the panel has already expired in the year 2017 has no leg to stand and obviously the present O.A.s are not barred by limitation.
13. It is observed that the respondents also misdirected themselves in not extending the benefit of outcome in Pratap Biswas case to the applicants and other similarly circumstanced candidates and thereby acted in utter violation of the principle that the benefit of revision/re-evaluation should not be limited only to Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 27 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 those candidates who had approached Court but should be extended to all candidates since fault does not lie with them but with examining body as has been observed by the Hon'ble Supreme Court of India in the case of Rishal & Ors. Vs. Rajasthan Public Service Commission & Ors. reported in (2018) 8 SSC 81. The relevant portion of the judgment is quoted hereunder:-
"6. In pursuance of our directions dated 16-1-2018 reported in Richal v. Rajasthan Public Service Commission 2018 SCC OnLine 749, an Expert Committee was appointed to re-examine the grievances of the appellant-writ petitioners. An affidavit dated 14-
4-2018 sworn by Ramdev Siroya has been filed by the Commission. It is stated in the affidavit that on the basis of reports of experts, overall 22 answers in all the nine subjects, for which these experts were appointed, have been re-examined and the answers were revised.
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15. The issue pertaining to scope of judicial review of correctness of key answer had been considered by this Court time and again. This Court had entertained such challenges on very limited ground and has always given due weight to the opinions of subject experts. A three-Judge Bench of this Court in Kanpur University v. Samir Gupta, had occasion to consider a case where challenge was made to the key answers supplied by the paper-setter with regard e to multiple choice of the objective type test for admission in medical courses through combined pre-medical test. The High Court while considering the challenge of the candidates to various key answers accepted the challenge to different questions. With regard to some of the questions the High Court held that the key answer is not the correct answer. This Court repelling the challenge made the following observations in paras 15 and 16: (SCC pp. 315-16) "15. The findings of the High Court raise a question of great importance to the student community. Normally, one would be inclined to the view. especially if one has been a paper- setter and an examiner, that the key answer furnished by the paper-setter and accepted by the University as correct, should not be allowed to be challenged. One way of achieving it is not to publish the key answer at all. If the University had not published the key answer along with the result of the Test, no controversy would have arisen in this case. But that is not a correct way Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 28 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 of looking at these matters which involve the future of hundreds of students who are aspirants for admission to professional courses.
If the key answer were kept secret in this case, the remedy would have been worse than the disease because, so many students would have had to suffer the injustice in silence. The publication of the key answer has unravelled an unhappy state of affairs to which the University and the State Government must find a solution. Their sense of fairness in publishing the key answer has given them an opportunity to have a closer look at the system of examinations which they conduct. What has failed is not the computer but the human system.
16. Shri Kacker, who appears on behalf of the University, contended that no challenge should be allowed to be made to the correctness of a key answer unless, on the face of it, it is wrong. We agree that the key answer should be assumed to be correct unless it is proved to be wrong and that it should not be held to be wrong by an inferential process of reasoning or by a process of rationalisation. It must be clearly demonstrated to be wrong, that is to say, it must be such as no reasonable body of men well- versed in the particular subject would regard as correct. The contention of the University is falsified in this case by a large number of acknowledged textbooks, which are commonly read by students in U.P. Those textbooks leave no room for doubt that the answer given by the students is correct and the key answer is incorrect."
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19. The key answers prepared by the paper-setter or the examining body is presumed to have been prepared after due deliberations. To err is human. There are various factors which may lead to framing of the incorrect key answers. The publication of key answers is a step to achieve transparency and to give an opportunity to candidates to assess the correctness of their answers. An opportunity to file objections against the key answers uploaded by examining body is a step to achieve fairness and perfection in the process. The objections to the key answers are to be examined by the experts and thereafter corrective measures, if any, should be taken by the examining body. In the present case, we have noted that after considering the objections final key answers were published by the Commission thereafter several writ petitions were filed challenging the correctness of the key answers adopted by the Commission. The High Court repelled the challenge accepting the views of the experts. The candidates still unsatisfied, have come up in this Court by filing these appeals.
Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 29 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024
20. This Court while hearing the appeals found substance in some of the submissions raised before us and appellants having satisfied this Court that certain questions need re-examination by experts, this Court issued directions on 16-1-20184. As noted above, pursuant to the directions of this Court, the Expert Committee re-examined the questions with regard to which objections were raised in these appeals. After the order of this Court dated 16-1-2018 the Commission adopted the Expert Committee Report which re-examined. the questions with regard to which objections were raised before us in these appeals. An affidavit dated 17-4-2018 has been filed by the Commission. The affidavit contains the following statements:
(i) On the basis of the report of experts, Answers to 22 questions across 9 subjects were corrected and revised. (pp. 2-3 Para 6 of affidavit) (Chart has been annexed at p. 5.)
(ii) A perusal of the revision conducted by experts w.r.t. questions in Paper I (General Awareness and General Studies) as per Chart (p. 5 of affidavit) reveals that:
(a) Experts accepted petitioner's representation and retained 3 questions (Questions 53, 57, 60) of 18 earlier deleted questions.
(b) Experts accepted petitioners' representation and corrected the answer of one question (Question 3) in the remaining 57 questions.
(c) Experts rejected petitioners' representation seeking correction of answer of five questions (Questions 25, 28, 33, 49, 58).
(iii) RPSC has stated that out of the total number of advertised posts (13,098) 1045 vacancies in the post of School Lecturers still exist. (p. 3 Para 7 of affidavit) (Chart has been annexed at p. 47)
(iv) RPSC has stated that 48 of 311 special leave petitioners before this Hon'ble Court are within merit for selection as School Lecturers after revision of their answer scripts. (pp. 3-4 Para 8 of affidavit)
19. By our order dated 2-4-2018 Richal v. Rajasthan Public Service Commission, 2018 SCC OnLine SC 1084, we have directed to supply the report of the Expert Committee to all the parties. The copies of the report have been supplied. During the course of hearing, the learned counsel for the appellants submitted that substantial grievances raised in these appeals have been redressed by the Expert Committee.
The representations made by the appellants have been substantially accepted as noted above. However, the learned counsel for the appellants have contended that certain answers given by the Expert Committee are still not correct. Before us certain questions have been Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 30 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 pointed out which according to the appellants have not been satisfactorily dealt with by the Expert Committee.
It shall suffice to refer to Question 58 of Paper I. The learned counsel for the appellants submit that the Expert Committee has accepted Option 4 as correct option whereas correct option is Option 3.........
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27. In the affidavit filed by the Commission it is mentioned that the result has been revised of only 311 appellants who are before this Court. We are of the view that key answers having been corrected, merit of all the candidates except those who have already been selected needs to be redetermined. In our order dated 16-1-2018 Richal v. Rajasthan Public Service Commission, 2018 SCC OnLine SC 749 it is mentioned that this exercise shall not affect those who have already been selected. We, thus, are of the view that the Commission should revise the entire result of all the candidates except those who have been selected on the basis of the report of the Expert Committee and publish revised result of all the candidates. When the key answers are correct of the candidates who appeared in the examination, they are entitled for revision of their result, since, fault does not lie with the candidates but lies with the examination body. It shall not be equitable to not extend the benefit to those candidates who have not come to the Court being satisfied with the steps taken by the Commission and its earlier Expert Committee which was given the task of revising the key answers.
28. In view of the foregoing discussions, we dispose of these appeals with the following directions:
28.1. The Rajasthan Public Service Commission is directed to revise the result of all the candidates including all the appellants on the basis of the report of the Expert Committee constituted in pursuance of our order dated 16- 1-2018 and publish the revised result.
28.2. While carrying the above exercise, the Commission need not revise the result of all those candidates whose names were included in the Select List earlier published. We having already pointed out that the appointments shall not be affected by this exercise, there is no necessity to revise their result. Thus, this exercise shall be undertaken excluding all the candidates who are included in the Select List.
28.3. The Commission shall also publish the cut-off marks of the last selected candidates in the respective categories who were included in the Select List on the basis of which appointments have been made by the Commission.Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283,
Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 31 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 28.4. On the basis of the revised result, those candidates who achieve equal or more marks in their respective categories shall be offered appointments against 1045 vacancies as has been mentioned by the Commission in Para 7 of d the affidavit, noted above.
28.5. The entire exercise of revising the result and making recommendations for appointments shall be completed by the Commission within a period of three months from today. The State shall take necessary consequential steps thereafter."
From the above, in our considered opinion the judgment passed by the Hon'ble Apex Court in the case of Sri Pratap Biswas is in rem since such answer key was found to be incorrect.
14. The respondents cannot take the plea of unsettling the settled position since they themselves have appointed Sri Pratap Biswas on the basis of report of their own Expert Committee in the year 2023, whereas they are claiming that the currency of the panel has expired in the year 2017. Hence, they are estopped from making such submission any more.
15. Further, Ld. Counsel for the applicant submitted that it would suffice their purpose if the respondents would be directed to reconsider their candidature on the basis of the Expert Committee's Report by publishing the said report. It is noted that as per the respondents since a large number of candidates have already been appointed in the year 2017 on the basis of admitted wrong answer key, therefore, their appointments were also liable to be reconsidered on the basis of the Expert Committee's Report. In that case, their appointment may not be disturbed if they have given right answer as per the new answer key submitted by the expert Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 32 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 Committee. It may be taken into consideration that this is affecting the merit position of each and every candidate. Therefore, if something is void ab initio, question of unsettling the settled position does not arise.
16. It is also noticed that though in the case of Bipul Kumar Biswas, selected candidates were made parties as per Hon'ble High Court's order as well as in the present O.A.s, even thereafter no private respondents represented themselves in the present case.
Thus question of unsettling the settled issue has no relevancy.
17. It has also been noted that most of the applicants had come earlier against the very selection process and the issue of normalization has already been decided by the Hon'ble High Court in the case of Shri Bipul Kumar Biswas & ors. wherein Shri Pratap Biswas was also an applicant and the issue of normalization has already been settled.
18. In view of the above, as the applicants have made an innocuous prayer of publishing the Expert Committee's Report as per direction of the Hon'ble Apex Court and reconsideration of their case on the basis of the same, we are of the opinion that ends of justice would be met by directing the respondent authorities to publish the Expert Committee's Report and to re-
evaluate the OMR Sheets/answers of the applicants in light of the Expert Committee's Report and if they would be found otherwise eligible, then consequential benefits be given to them within a Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone= 495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0 33 OA 1071/2023 with M.A. 350/00483/2024, O.A. 1097/2023 with M.A. 482/2024, O.A. 1132/2023 with M.A. 476/2024, O.A. 1143/2023 with M.A. 492/2024, O.A. 1156/2023 with M.A. 493/2024, O.A. 1184/2023 with M.A. 846/2023, O.A. 1278/2023, O.A. 1367/2023, O.A. 1413/2023, O.A. 291/2024, O.A. 451/2024 with M.A. 231/2025, O.A. 484/2024, O.A. 815/2024 with M.A. 53/2025, M.A. 219/2025, O.A. 992/2024 with M.A. 23/2025, O.A. 1001/2024, O.A. 1002/2024, O.A. 1310/2023 with M.A. 1234/2024 with M.A. 233/2024, O.A. 1361/2024, O.A. 1362/2024, O.A. 1889/2024 period of four months from the date of receipt of a copy of this Order.
19. Accordingly, all the O.A.s are disposed of with observation and directions. There shall be no order as to costs. The M.A.s also stand disposed of.
(Anindo Majumdar) Urmita Datta (Sen) Administrative Member Judicial Member sp Digitally signed by Shantanu Pramanik DN: C=IN, O=Personal, T=6283, Shantan OID.2.5.4.65= 133598026844054409pZp0Sk77DU2VN1 , Phone=
495dab51bd16f95eab3873746237af9545f 09bb4143baf81a658d7fbc937c888, u PostalCode=712223, S=West Bengal, SERIALNUMBER= 1d3af0fbe8dee56095510835a714afdf51d 7f6d80c4812359eaee8938da0637e, CN= Pramanik Shantanu Pramanik Reason: I am the author of this document Location:
Date: 2025.06.10 15:31:11-07'00' Foxit PDF Reader Version: 2024.3.0