Central Administrative Tribunal - Mumbai
Akhilesh Sharma vs Western Railway on 7 August, 2025
1
OA No.624/2025
CENTRAL ADMINISTRATIVE TRIBUNAL
MUMBAI BENCH, MUMBAI.
ORIGINAL APPLICATION No.624/2025
Date of Decision: 07th August, 2025.
CORAM: Hon'ble Shri Justice M.G. Sewlikar, Member (J)
Hon'ble Shri Sangam Narain Srivastava, Member (A)
Akhilesh Sharma S/o Shri Maheshwari Sharma,
Age 29 years,Working as Assistant S&T.
Residing at Village Jalalipatti Nai
Basti Post Bhullanpur Pac Dist Varanasi Uttar Pradesh,
Varanasi - 221108.
Mobile No.8707760698. ... Applicant
(By Advocate Shri Vicky Nagrani)
VERSUS
1. Union Of India, Through the Secretary, Ministry of Railway,
Rail Bhavan, New Delhi 110 001.
2. The General Manager, Western Railway, Headquarters Office,
Churchgate, Mumbai 400 020.
Digitally signed by Deepti Ganesh Munarshi
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone=
270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S=
Deepti Ganesh Munarshi
Maharashtra, SERIALNUMBER=
60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi
Reason: I am the author of this document
Location:
Date: 2025.08.08 15:34:46+05'30'
Foxit PDF Reader Version: 2024.3.0
3. Divisional Railway Manager(E),
Western Railway, Mumbai Central, Mumbai 400 008.
4. Assistant Personnel Officer, For, for CMS-ADI, Western Railway,
Ahmedabad-380025.
5. The Director (TTC), Ministry of Skill Development
& Entrepreneurship, Directorate General & Trg., Employment
Exchange Bldg. Library Avenue, Pusa Campus, New Delhi 110 012.
6. The Railway Recruitment Cell, Through the Chairman, Western
Railway, Parcel Depot, Alibhai Premji Road, Grant Road (East),
Mumbai, Maharashtra 400007. ... Respondents
(By Advocate Dr. V.S. Masurkar)
2
OA No.624/2025
ORDER(Oral)
Per: Shri Sangam Narain Srivastava, Member (A)
This case was listed for hearing on interim relief on 05th August, 2025 when time was sought by the counsel for the respondents to file their reply. However, there was an insistence on interim relief when the counsel for the respondents stated that he does not need to file any reply and that the matter be argued for final decision. With consent, the case was taken up for final disposal.
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
2. The applicant has prayed for the following reliefs:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 "8.a This Hon'ble Tribunal may graciously be pleased to call for the records of the case from the respondents and after examining be pleased to quash and set aside impugned order dated 01st November, 2023 and show-
cause notice dated 21st July, 2025 with all consequential benefits.
8.b This Hon'ble Tribunal may further be pleased to hold and declare that the applicants are eligible on the basis of letters issued by DGT i.e. Competent Authority and further hold and declare that the appointment of the applicant is legal and valid and he should be granted all 3 OA No.624/2025 consequential benefits.
c. Costs of the application be provided for.
d. Any other and further order as this Hon'ble Tribunal deems fit in the nature and circumstances of the case be passed."
3. It was submitted by the counsel for the applicant that they had completed the Apprenticeship in Electrical Trade which was completed on or before 10th April, 2019. The applicant further submits that after completion of training, the candidates had to undergo an examination which is scheduled in the month of April/October of every year. However, due to administrative reasons, the same was conducted in the month of May/June 2019 Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= in the case of 109th AAIT Batch, more specifically from 29th May, 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 2019 to 14th June, 2019. Vide Advertisement No. RRC 1 of 2019, applications were invited from both reserved Course Completed Act Apprentices (CCAA) as well as open market. The reserved vacancies were notified. The cut-off date for the application was 12th April, 2019. Subsequently, the respondents issued a Notification No.5 of 2022 dated 22nd July, 2022 and para 12.4 was 4 OA No.624/2025 inserted in the notification which stipulated that CCAA will be given due weightage to the marks obtained in NCVT examination while preparing the merit list. A specified link was provided to upload the marks on 08th September, 2022. The link required the candidates to submit their marks at the NCVT examination. It also required the candidates to straight way declare as to whether they passed the exams or not. The applicant declared that he had passed the examination as the said exercise was done in April/May of 2022. His application was moved from open market to reserved CCAA category. Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 Examination was held on 31st July, 2022. Panel was declared on 18th March, 2023 where the applicant was declared as Pass. Offer of Appointment was issued on 31st March, 2023 whereby the applicant was offered the post of Hospital Assistant in the Scale of Rs.5200-20200 plus Grade Pay of Rs.1800 Level 1.
4. The applicant received a show-cause notice dated 21st July, 2025 asking him to show cause as to why his 5 OA No.624/2025 candidature/appointment against 20% quota of CCAA should not be cancelled in terms of para 1.3 under General Instructions of CEN No.1 of 2019. The applicant states that similarly placed colleague, who had also received the said show-cause notice, have had their services terminated by passing a cryptic order and, therefore, he has approached this Tribunal by filing this OA.
5. It is submitted that the first reason for quashing and setting aside the order dated 01st November, 2023 is that the same is passed without taking into consideration the letter and certificates issued by the DGT i.e., the Competent Authority Digitally signed by Deepti Ganesh Munarshi which categorically stated that the apprentices passed in 109th DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 Batch may be considered qualified as per training completion as on the date mentioned in their respective certificates, since the date of examination is not under their control.
6. It is further submitted that letter dated 01st November, 2023 by the Railway Board has failed to consider the said letter of DGT. It is submitted that it is not that the applicant 6 OA No.624/2025 seeks any relaxation of the condition. When asked by the respondents to submit the proof of having appeared in the examination conducted by the DGT before 12th April, 2019, the applicant had produced the letter/certificate issued by the DGT themselves whereby categorically specifying that the applicant from 109th AAIT Batch be considered eligible in pursuance of Advertisement CEN 01 of 2019.
7. It was further submitted that the applicant had completed his apprenticeship training much before 12th April, 2019 and was waiting conducting of examination. However, the Digitally signed by Deepti Ganesh Munarshi examination which was supposed to be conducted in April was DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 conducted in May/June 2019 and this is the only reason, the applicant had appeared in May/June 2019. The applicant has no control over the said delay and he cannot be made to suffer for no fault on his part.
8. It was argued that once the competent authority i.e, the DGT issues the letter, the employer is bound to accept the 7 OA No.624/2025 same without any demur. It is further submitted that some of the candidates had competed the training in 2018 and were ready for the exam scheduled in October, 2018, however examination was conducted in December, 2018 but they were not allowed to sit in the exam due to technical reasons and they participated in the exam only in May, 2019 but still their candidature is also rejected.
9. It is stated that the applicant completed his training in 2017 and was eligible to appear for the examination in the year 2018 but could not appear due to technical issue which was Digitally signed by Deepti Ganesh Munarshi beyond the applicant's control.
DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0
10. It is further argued that many candidates applied initially from open market. However, after issue of the corrigendum according to which marks of the apprentices was to be considered, many candidates uploaded the certificates. Certificates could be uploaded only if the candidates opted for the option prior to 12th April, 2019 and, therefore, the applicant 8 OA No.624/2025 took that option and uploaded the certificate. The Railway Board did not consider the letter of the DGT before issuing its order dated 01st November, 2023.
11. It is further submitted that a similar matter came up before this Tribunal in respect of Ex-Naval Apprentices, who had completed their apprenticeship in Naval Dock Yard, the DGT filed an affidavit clarifying the fact that these candidates should be considered eligible. It is further mentioned that the DGT filed affidavit in OA No. 1112/2023 in the case of Manish Sapkar Vijay Vs. Union of India & Ors., before this Tribunal and has stated Digitally signed by Deepti Ganesh Munarshi that candidate passed in 109th Batch AITT Exam may be DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 considered qualified as per the Training completion as on the dates mentioned in their respective certificate, since the date of examination was not under their control.
12. It is further submitted that the very same exam is already exempted by DGT vide their order dated 25th January, 2022. It is also argued that Notification No. 02/2018 had the 9 OA No.624/2025 same stipulation but the same was not enforced though the examination was held in May 2018 while the cut-off date was 12th March, 2018. Such action on the part of the respondents is discriminatory.
13. It was further submitted that show-cause notice has been issued by an incompetent authority, who is below the Appointing Authority. It is further stated that the show-cause is required to be cancelled also for the reason that it is based on Railway Board letter dated 01st November, 2023 which itself is under challenge in the present OA.
Digitally signed by Deepti Ganesh MunarshiDN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0
14. It has also been argued that the show-cause notice has been issued in terms of para 1.3 under General Instructions of the Notification which states that if the candidate is found not to be fulfilling the requisite criteria and if appointed, such a candidate is liable to be removed from service summarily. It states that removal from service can be done only after due procedure guaranteed under Article 311 of Constitution of India 10 OA No.624/2025 and only after detailed enquiry and, therefore, the show-cause notice is bad in law.
15. It is further submitted that the respondents are straightaway terminating the services without considering the reply and without assigning any reason and solely on the ground of Railway Board order dated 01st November, 2023, which is in violation of principles of natural justice.
16. Learned counsel for the respondents points out that in the Notification it was categorically mentioned that the candidates should have requisite minimum educational Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 qualifications indicated for the posts as on the closing date for online registration and those awaiting results of the final examination of the prescribed minimum educational qualification should not apply.
17. It was further submitted that a relaxation was given in the case of Course Completed Act Apprentices (CCAAs) 11 OA No.624/2025 trained in Railway Establishment in whose case it was sufficient to have appeared at the NCVT examination before the last date of registration of online application i.e. 12th April, 2019 and even if the results were not declared. It was required that the said candidates submit the NAC certificate issued by the NCVT during the document verification.
18. Referring to the show-cause notice, it was argued that the Railway Board had sought clarification from the Ministry of Skill Development and Entrepreneurship regarding the date of conducting the NCVT examination for CCAAs of Digitally signed by Deepti Ganesh Munarshi 109th Batch of AITT and Ministry of Skill Development and DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 Entrepreneurship has clarified that the examinations were held from 29th May, 2018 to 31st May, 2025 and practical exam were held from 12th June to 14th June, 2019. It was submitted that it is in this context that the applicant has been considered as ineligible to avail the benefits and relaxation extended under CEN 01/2019.12
OA No.624/2025
19. It was argued that the action of the respondents in holding the applicant ineligible in terms of the notification and, therefore, for appointment is valid and the OA being devoid of merit should be dismissed.
20. We have gone through the pleadings and documents annexed with the OA and also considered the submissions of learned counsels for both the sides.
21. We find that the minimum essential qualification was NCVT as on the cut-off date of 12th April, 2019. The applicant did not possess the said qualification at the cut-off date. Relaxation has been given in terms of clause 12.2 in respect of candidates, who had Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 completed their apprenticeship in the Railways. In their case, they were allowed to participate in the recruitment process provided they had taken the NCVT examination before the last date of registration of online application i.e. 12th April, 2019. Without having participated in the NCVT examination before 12th April, 2019, the candidate was ineligible for recruitment under CEN 01/2019. Therefore, we find that the applicant was not eligible in terms of the notification for 13 OA No.624/2025 recruitment.
22. The question arises as to whether a letter from DGT to consider him as eligible will alter the situation. Again, whether making available a link to upload the marks of NCVT on a later will make the applicant eligible for the current recruitment cycle. Also, whether the argument that the said examination has been done away by the Ministry of Skill Development and Entrepreneurship can make the candidate eligible.
23. We observe that the office order of Ministry of Skill Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Development and Entrepreneurship doing away with the Foxit PDF Reader Version: 2024.3.0 examination, on which reliance has been placed by the applicant, is dated 25th January, 2022. It specifically mentions that the order will be effective from 01st January, 2022. This is much after the cut-off date in the notification. It is further mentioned that this order will be applicable retrospectively only to ITI passed candidates, who have cleared practical AITT exam but not 14 OA No.624/2025 cleared the Trade Theory examination. It has not been shown by the applicant that he is covered by the retrospective clause. A Circular/OM which is effective from a later date, in our considered view, cannot grant eligibility for a recruitment process where the cut-off date is before the effective date. Therefore, the order of Ministry of Skill Development and Entrepreneurship dated 25th January, 2022 does not help the cause of the applicant.
24. Providing a link to upload their marks in the NCVT on a later date, we are afraid, does not help the case of the Digitally signed by Deepti Ganesh Munarshi applicant either. The link very clearly was made available to DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 those who had completed their apprenticeship in Railway Establishment on or before 12th April, 2019. The applicant appeared for the test only subsequently but opted for "prior to 12th April, 2019". Merely, opting for the "prior to 12th April, 2019" will not make the candidate eligible when he had not actually done so. The applicant cannot now take the plea that 15 OA No.624/2025 since the link was made available only in 2022, by which time he had passed the exam, he uploaded his marks by opting for "prior to 12th April, 2019" in the link. The respondents had provided the link for only those applicants who were eligible as on 12th April, 2019. Opting for the incorrect option amounts to submitting wrong information. It does not in any way make the candidate eligible in terms of the Notification.
25. Much emphasis has been laid on the letter issued by the DGT. The said letter is reproduced below:
"Government of India Ministry of Skill Development and Entrepreneurship Directorate Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 General of Training Kaushal Bhawan, Chanakyapuri, New Delhi, Dated 07.09.2023 Subject: Recruitment of apprentices for various posts against Ministry of Railways Centralized Employment Notification No. RRC-01/2019-reg Reference is invited to letter numbers E/Rectt/891/1/CEN- 1/2019/Gr. D/DV Correspondence dated 13th April 2023, 25th March 2023 and 22nd February 2023, received from Railway Recruitment Cell, Mumbai and this directorate reply dated 18th April, 2023.
Subsequently, representations have been received from apprentices who appeared in 109th All India Trade Test (AITT) for Apprentices held in 2019, on this matter.16 OA No.624/2025
The matter has been analyzed at length and following aspects may be considered:
1. The AITT for apprentices were usually conducted twice a year in the months of April/May and Oct/Nov respectively and were termed as examination sessions. As a matter of practice, the apprentices who completed their training on or before 15th of April were considered for examination in the April session, and the examinations were held in the end of April or the following month(s) depending on fulfillment of various processes. Similarly, the apprentices who completed their training on or before 15th of October were considered for examination in the October session and the examinations were held in the end of October or the following month(s) depending on fulfillment of various processes.
2. As per schedule of activities issued on 14th March, 2019 for 109th AITT, the online form submission on the portal was open from 15th March 2019 to 15th April, 2019. The examinations were conducted from 29th May, 2019 to 14 June, 2019,
3. It may be reasonable that the apprentices passed in the 109th AITT examination may be considered qualified as per training completion as on the date mentioned in their respective certificates since date of examination was not under their control.
This issues with the approval of competent authority.
Sd/-
Deepti Ganesh Munarshi Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 (CS Murthy) Director & Controller of Examinations To, The Chairman, Railway Board, Room No.234, Rail Bhawan, Raina Road, New Delhi 110001."
The comments of the DGT which have been relied upon by the applicant and reproduced above, has been made on representations from apprentices appeared in 109th Batch All India Trade Test (AITT). Para 3 is only a recommendation and 17 OA No.624/2025 it is upto employer to accept the said recommendation or not.
26. If the employer accepts the recommendation, he will have to grant further relaxations over and above what had been allowed in the Notifications (clause 12.2 - appearance in the exam before cut-off date) which has been refused vide letter dated 01st November, 2023 of the Railway Board, also under challenge.
27. Before we come to this, we need to consider few facts of the applicant. From the said para 3, it is clear that if the employer decides to accept it, he is required to grant concessions for the apprentices appearing and passed in the 109th AITT Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 examination. From the certificate of the applicant (Annexure A-
3), it is seen that he has passed All India Training Test for apprentices held in September, 2020 and for the 110th AITT. One of two conditions would exist - either the applicant did not appear for the 2019 examination or he failed the 2019 examination - in either case, he is ineligible for the recruitment Notification CEN 01/2019. The letter dated 25th January, 2022 of 18 OA No.624/2025 Ministry of Skill Development and Entrepreneurship recommending acceptance of the date mentioned in the certificate as the date of passing, even if accepted by the respondents, will not help the applicant as his certificate does not show him to have passed the 109th AITT. Therefore, in our considered opinion the applicant does not gain eligibility for the recruitment Notification CE 01/2019 even if concessions are allowed as per the recommendation of DGT.
28. One of the prayers of the applicant is that the show cause notice be quashed and set aside. Show-cause is an Digitally signed by Deepti Ganesh Munarshi opportunity to the person it is issued to put his point of view to DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 the authority. Setting it aside would amount to taking away that opportunity from the applicant. Therefore, it only harms the applicant. We are aware that a show-cause can be quashed only if there is no prima facie case made out from the show cause, which is not the case here. The show-cause issued to the applicant outlines why the applicant is ineligible in their view 19 OA No.624/2025 and seeks the applicant's response. It is not an order holding the candidate as ineligible, at least not at this stage, and, therefore, not required to be set aside.
29. The letter dated 01st November, 2023 of the Railway Board clearly states, in reference to eligibility of CCAAs who appeared in the NCVT examination subsequent to 12th April, 2019, that it is not feasible to make any change/relaxation in the notified stipulations at this stage.
30. We are of the considered view that the recommendations made by the DGT to consider the candidates Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 as per the dates on their certificates requires acceptance by the employer and grant of further concessions with respect to the conditions stipulated in the Recruitment Notification by the employer. It is within the rights of the employer to not accept the recommendations or grant further concessions. The applicant has no right in the matter. It cannot demand concessions as a matter of right. The refusal to grant such 20 OA No.624/2025 concessions, communicated by the Railway Board vide its letter dated 01st November, 2023 to its field offices was, therefore, in order and needs no interference.
31. In view of the above discussions, we decline to quash the show-cause dated 21st July, 2025 and the Railway Board letter dated 01st November, 2023. Therefore, the reliefs sought cannot be granted. The OA, being devoid of merit, is dismissed. Pending MAs, if any, stand closed. No order as to costs. Digitally signed by Deepti Ganesh Munarshi DN: C=IN, O=Personal, OID.2.5.4.65=dd2229ccb2a64933849d0e889f7908d1, Phone= 270b8c883fb6c7df159699dde8a3a29e49a591f4547843867fc06f0095732d99, PostalCode=400083, S= (Sangam Narain Srivastava) (Justice M.G. Sewlikar) Member (A) Member (J) Deepti Ganesh Munarshi Maharashtra, SERIALNUMBER= 60e5a202fd00f69f0731b41e2e3bdfa180f471e3c55c542947568cc8f7d6a4f4, CN=Deepti Ganesh Munarshi Reason: I am the author of this document Location:
Date: 2025.08.08 15:34:46+05'30' Foxit PDF Reader Version: 2024.3.0 dm.