Central Administrative Tribunal - Bangalore
Tukaram Lamani vs South Western Railway on 11 June, 2024
1 OA 114/2023/CAT/BANGALORE BENCH
CENTRAL ADMINISTRATIVE TRIBUNAL
BANGALORE BENCH, BENGALURU
ORIGINAL APPLICATION NO.170/00114/2023
DATED THIS THE 11TH DAY OF JUNE, 2024
HON'BLE MRS. JUSTICE S SUJATHA ...MEMBER(J)
HON'BLE DR. SANJIV KUMAR ...MEMBER(A)
Shri Tukaram Lamani,
Aged about 37 years,
S/o Tara Singh Lamani,
R/o Plot No.71, Shakambari Park,
Kusugal Road,
HUBLI-580023. ...Applicant
(By Advocate, Shri K.Shivakumar - Through video conference)
Vs.
1. Union of India,
Represented by General Manager,
South Western Railway,
Head Quarters Office, Gadag Road,
P.O. Hubballi -580020.
2. The General Manager,
Rail Wheel Factory,
Yelahanka,
Bangalore-560064.
3. The Chairman,
Railway Recruitment Board,
2 OA 114/2023/CAT/BANGALORE BENCH
18, Millers Road,
Bangalore-560046.
4. The Secretary,
Railway Recruitment Board,
18 Millers Road,
Bangalore -560046. ...Respondents
(By Advocate, Shri N.Amaresh for Respondents)
O R D E R (ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicant has sought for a direction to Respondent No.3 to consider him for grant of weightage allotted to Course Completed Act Apprentices (CCAAs) based on the National Council of Vocational Training (NCVT) examination marks obtained in Railway Central Workshop, Mysuru, which is said to have been uploaded by him on 14.12.2022 in the website of Railway Recruitment Board (RRB) and to complete the other recruitment formalities duly granting the weightage marks.
2. Succinctly stated the facts are that the applicant in response to the Centralised Employment Notice (CEN) dated 3 OA 114/2023/CAT/BANGALORE BENCH 23.02.2019 applied for Group 'D' post in level-1 of 7th CPC for vacancies arising in South Western Railway and Rail Wheel Factory, Yelahanka. The applicant claims to be a Course Completed Act Apprentices candidate after undergoing one year's training in Central Workshop, Mysuru, having scored 341 out of 520 marks. RRB issued a notice on 22.07.2022 stating that CCAAs trained in Railway Establishment would be given due weightage of marks obtained in their NCVT examination in preparation of final merit list after conducting CBT (Computer Based Test). CCAAs were instructed to upload their details of marks pertaining to NCVT examination through the link provided in the official website of respective RRBs and the last date and time for uploading was 18.00 hrs of 31.07.2022. Again RRB issued another notification extending the link for uploading CCAAs candidates giving one more opportunity to upload their marks for two days i.e., on 12.09.2022 and 13.09.2022. It is the contention of the applicant that some of the candidates were notified either by email or SMS inasmuch as uploading the NCVT marks, but no such email/message was sent to him. The applicant contends that he 4 OA 114/2023/CAT/BANGALORE BENCH failed in his attempt to upload his CCAAs marks on 13.09.2022 and having tried on subsequent days, found the link re-opened on 14.12.2022 and as such he uploaded his marks of CCAA on 14.12.2022. From the score card, the applicant found that he was not awarded weightage marks. The applicant was neither called for documents verification nor he was short listed for physical eligibility test. Being aggrieved, the applicant made a representation to Respondent No.3 requesting to consider his candidature with weightage marks on account of passing CCAA, but in vain. Hence this OA.
3. Learned Counsel Shri K.Shivakumar representing the applicants submitted that the applicant has stated in the application that he has passed NCVT examination and he is CCAA candidate eligible for weightage of marks allotted to CCAAs, the applicant was not required to upload his marks obtained in NCVT examination at the time of submitting the application. The notification dated 22.07.2022 for uploading the marks obtained by CCAAs came after three years after submission of application and 5 OA 114/2023/CAT/BANGALORE BENCH the applicant missed the same. Many candidates got this notification through SMS, but not the applicant. On further opportunity given on 12.09.2022 and 13.09.2022, the applicant being informed by his friends tried to upload his NCVT marks but due to server problem, he could not upload the same on 13.09.2022. On 14.12.2022 when the link was re-opened, which remained open till 06.01.2023, the applicant uploaded his NCVT marks on that day. However, Respondents No.3 and 4 have failed to consider the uploaded marks of the applicant. Non-consideration of weightage marks due to the applicant has resulted in gross injustice to the applicant. Accordingly seeks for the interference of this Tribunal.
4. Learned Counsel Shri N.Amaresh representing the respondents submitted that the respondents had issued a corrigendum and Amendment No.5 was issued by RRBs on 22.04.2022 stating that the Course Completed Act Apprentices can be given due weightage for the marks obtained in National Council of Vocational Training (NCVT) examination such that one third of the marks in preparation of the final merit list after conduct of CBT 6 OA 114/2023/CAT/BANGALORE BENCH shall be based on the marks obtained in National Council of Vocational Training examination, pursuant to the Recruitment notification dated 23.02.2019. An important notice was issued on 22.07.2022 by the RRB providing a link for uploading the NCVT marks of the candidates which was made available upto 18.00 hours of 31.07.2022. Further another notice similar to the above was issued by the RRB on 31.07.2022 extending the date for uploading the NCVT marks of the candidates for 10 more days i.e., upto 18.00 hours of 10.08.2022. On 08.09.2022, yet again another notice was issued by RRBs stating that some candidates who have declared their qualification as ITI/NAC or CCAA in the application form, but have not ticked the column of being CCAA from Railway and to fill the CCAA data including marks pertaining to NCVT examination were to be provided with last chance for two days only i.e., on 12.09.2022 and 13.09.2022. The applicant has appeared for CBT on 11.10.2022, his final normalized score was 12.10254 and he did not qualify in the CBT. Denying opening of the link from 14.12.2022 to 06.01.2023, learned Counsel submitted that the candidates fulfilling the eligibility conditions have been called for 7 OA 114/2023/CAT/BANGALORE BENCH the document verification after declaring CBT marks and the recruitment process has been completed for such candidates. On 14.12.2022, the link was not alive, giving weightage to the applicant on the so called uploaded marks on 14.12.2022 would be discriminatory resulting in denial of such opportunity to the other candidates for uploading the marks obtained in NCVT examination belatedly. Accordingly, seeks for dismissal of the OA.
5. We have carefully considered the submissions of the learned Counsel for the parties and perused the material on record.
6. It is not in dispute that the applicant was a CCAA candidate. The notice dated 22.07.022 issued by the RRB providing the link for uploading the marks obtained by the candidates in NCVT examination has not been noticed by the applicant inadvertently, as admitted by him. Similarly, the time extended on 31.07.2022 up to 18.00 hours and extending for 10 more days upto 18.00 hours of 10.08.2022 has also not been availed of. The contention of the applicant that on further extension granted by the RRB on 12.09.2022 and 13.09.2022 was also of no 8 OA 114/2023/CAT/BANGALORE BENCH avail to him as the server was down on 13.09.2022 cannot be appreciated. Notice at large issued to the candidates prescribed the last date as 13.09.2022 and no link was alive subsequent to the said date as asserted by the respondents. Even if the marks were uploaded by the applicant on 14.12.2022 in the opened link as submitted by the applicant, it is evident that no time limit for uploading the NCVT marks were extended beyond 13.09.2022. It is well settled that if a cut off date is fixed for furnishing the particulars, beyond the said cut off date no candidate would be entitled to submit the particulars at his discretion and convenience. If such lenient opportunity is given, it will lead to a chaos situation overturning the faith of aspiring and deserving candidates well within the time and opening a Pandora box, for the new claims made pursuant to the cut off date, prescribed. Allegation of no email/message forwarded to the applicant by the RRB would not improve the case. On the other hand, the onus lies on the candidate to follow the notifications issued by the employer pursuant to the recruitment application submitted. As such, giving weightage to the applicant considering the NCVT examination marks at this 9 OA 114/2023/CAT/BANGALORE BENCH stage, would not be appropriate. Thus OA is devoid of merit and accordingly fails.
7. In the result, OA stands dismissed. No order as to costs.
(DR.SANJIV KUMAR) (JUSTICE S.SUJATHA)
MEMBER(A) MEMBER(J)
sd.
sanyasi Digitally signed by
sanyasi saraladevi
saraladevi Date: 2024.06.20
13:42:53 -07'00'