Central Administrative Tribunal - Allahabad
Sonu vs Railway Recruitment Board on 3 March, 2023
O.A. No. 989/2016
(Reserved on 1.3.2023)
Central Administrative Tribunal, Allahabad Bench, Allahabad
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Original Application No. 989/2016
This the 3rd day of March, 2023
Hon'ble Mr. Justice Om Prakash-VII, Member (J)
Hon'ble Dr. Sanjeev Kumar, Member (A)
Sonu son of Panna Lal village and Post Office Kajroth, IGLAS,
District- Aligarh, Uttar Pradesh.
.......Applicant
By Advocate: Sri M.K. Upadhyay
VERSUS
1. Union of India through the Chairman, Railway
Recruitment Board, Bhubaneshwar, D-79/80, Rail Vihar,
Chandrasekharpur, Bhubaneshwar-751023.
2. Secretary, Railway Recruitment Board, Bhubaneshwar,D
79/80, Rail Vihar Chandrasekharpur, Bhubaneswar-
751023.
3. Assistant Secretary, Railway Recruitment Board,
Bhubaneswar.
.........Respondents
By Advocate: Shri Anil Kumar
ORDER
By Hon'ble Mr. Justice Om Prakash-VII, Member (J) This O.A. has been filed by the learned counsel for the applicant for direction to the respondents to quash the order dated 14.1.2016 with all consequential benefits and direct the respondents to declare the final result of the applicant for the post of Assistant Loco Pilot.
2. The brief facts of the case are that in pursuance of the notification published in January, 2014, applicant applied for the post of Assistant Loco Pilot. Applicant qualified the written test and called for the medical verification. He was served with a show cause notice dated 12.9.2015 for non possession of requisite technical qualification as on the date of application against CEN- 1/2014. In reply to the show cause notice, applicant had given reply as well as furnished all the certificates of requisite qualification which were necessary for getting appointment to the post of ALP. It is stated by the applicant that degree in Mechanical Engineering Page 1 of 4 O.A. No. 989/2016 and Mechanical (Production) Engineering are of same equivalence. He has also drew attention of letter dated 2.8.1997 to show that diploma in Mechanical Engineering and diploma in Mechanical (Production) Engineering are declared by the Hon'ble Governor as equivalent. This document is also supported by document dated 25.2.2016 issued by the Secretary, Technical Education Board,Lucknow, U.P. Learned counsel for applicant also drew attention to the letter dated 6.5.2019 , wherein it is categorically stated that three years diploma course in Mechanical Engineering (Production) is equivalent to Diploma in Mechanical Engineering and degrees accepted for the post of ALP and this letter is issued by Railway Recruitment Board. Respondents even after passing the written examination by the applicant has not given offer of appointment to the applicant. In pursuance of the notice dated 12.9.2015, applicant submitted reply on 30.9.2015 but respondents have passed the impugned order dated 14.1.2016, cancelling the candidature of the applicant for the post of Assistant Loco Pilot.
3. Per contra, learned counsel for the respondents have filed counter reply, stating therein that advertisement dated 18.1.2014 has been issued by the respondents for the post of Assistant Loco Pilot and various categories of Technical Posts. The qualification fo the pos of A.L.P. was as under:-
"Matriculation plus course completed Act Apprentice/ ITC approved by NCVT/SCVT in the trades of Fitter/ Electrician/ Instrument Mechanic/ Millwright Maintenance Mechanic/ Mechanic Radio and TV/ Electronics Mechanic/ Mechanic Motor Vehicle /Wireman/ Tractor Mechanic/ Armature &Coil Winder/ Mechanic Diesel/Head Engine/ Turner/ Machinist/Refrigeration and AC Mechanic or Diploma in Mechanical/Electrical/ Electronics /Automobile Engineering recognized by AICTE in lieu of ITI. Note:- Candidates having higher qualification in Mechanical/Electrical/ Electronics /Automobile Engineering recognized by AICTE are also eligible."
The qualification of the applicant is Diploma in Mechanical Engineering (Production), which is nowhere mentioned in the advertisement for the post of ALP. It is further stated that Railway Board letter dated 3.8.2001 and 7.6.2004 indicates the qualification for the post of ALP, which is Diploma in Mechanical/ Electrical/Electronics/Automobile Engineering only and Diploma in Page 2 of 4 O.A. No. 989/2016 Mechanical Engineering (Production) has nothing to do with diploma in Mechanical Engineering.
4. Heard the learned counsel for the parties.
5. Submission of the learned counsel for the applicant is that applicant has annexed the letter dated 2.8.1997 of Deputy Secretary of U.P. as well as letter dated 25.2.2016 of Secretary , Pravidhik Education Board, U.P. by which it is clearly stated that 3 years Diploma Course in Mechanical Engineeing (Specialization in Production) and 3 years Mechanical Engineering were declared equivalent. Learned counsel for applicant also argued that Railway Recruitment Board, Allahabad vide letter dated 6.5.2016 declared the three years diploma course in Mechanical Engineering (Production) and Diploma in Mechanical Engineering are equivalent but the respondents have rejected the claim of the applicant
6. Submission of the learned counsel for the respondents is that during the document verification held on 12.9.2015, applicant had failed to produce Diploma Certificate in the trade of Mechanical Engineering as declared in the application form and required for the post of ALP. Instead, applicant had submitted the certificate of Diploma in Mechanical Engineering (Production), which is not the prescribed technical qualification for the post of ALP. Hence, the candidature of the applicant has rightly been rejected by the respondents.
7. We have considered the rival contentions of the learned counsel for the parties and have gone through the entire record.
8. First of all, from perusal of the record, it is evident that the vacancy has been advertised by the Railway Recruitment Board, Bhubaneshwar and in the application form, applicant has written DME as qualification whereas his qualification is Diploma in Mechanical Engineering (Production), hence the applicant has concealed the fact of education in the application form. In the advertisement, against the post of ALP, the qualification mentioned is Matriculation plus course completed Act Apprentice/ ITC approved by NCVT/SCVT in the trades of Fitter/ Electrician/ Instrument Mechanic/ Millwright Maintenance Mechanic/ Mechanic Radio and TV/ Electronics Mechanic/ Mechanic Motor Vehicle /Wireman/ Tractor Mechanic/ Armature & Coil Winder/Mechanic Diesel/Head Engine/ Turner/ Page 3 of 4 O.A. No. 989/2016 Machinist/Refrigeration and AC Mechanic OR Diploma in Mechanical/Electrical/ Electronics /Automobile Engineering recognized by AICTE in lieu of ITI.
Note:- Candidates having higher qualification in Mechanical/Electrical/ Electronics /Automobile Engineering recognized by AICTE are also eligible." Diploma in Mechanical Engineering (Production) is not the qualification. Vide letter dated 29.6.2009 (Annexure R-3), respondents have clearly stated that "Zonal Railways/ Production Units are directed to ensure that indents for Group C posts shall be placed with Railway Recruitment Board strictly mentioning the qualification in line with qualification prescribed by Ministry of Railways (Railway Board). The aforesaid instructions shall be adhered to strictly and any deviation from these instructions will be viewed seriously. " Since, the applicant has failed to produce requisite qualification as mentioned in the advertisement at the time of document verification, he has also disclosed wrong facts regarding his qualification given in the application form, thus we are of the view that a person who himself has suppressed the material fact in the application form and not possess the requisite qualification, Is not entitled to any relief and respondents have rightly cancelled the candidature of the applicant and O.A. is liable to be dismissed.
9. Accordingly, O.A. is dismissed.
10. There shall be no order as to costs.
(Dr. Sanjeev Kumar) (JUSTICE OM PRAKASH -VII)
Member (A) MEMBER (J)
HLS/-
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