Chattisgarh High Court
Nagesh Kumar Thakur And Ors vs South Eastern Central Railway And Ors on 5 August, 2015
Bench: Chief Justice, P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Writ Petition (S) No. 1965 of 2015
1. Nagesh Kumar Thakur, S/o Shri Ram Gopal Thakur Aged about 36 years R/o
Ward No. 15 Nainpur, District Mandla (Madhya Pradesh) 481776
2. Meghnath Singh S/o Rambaksh Singh Aged About 40 Years R/o Village
Narayanpur, PO Babhnion Bhaya Jag, Dishpur, District Bhojpur (Bihar) Pin
802158
3. Narendra Kumar Kurre S/o D C Kurre Aged About 36 Years R/o Kosa Nagar
Bhilai, Post Nehru Nagar Dist- Durg (Chhattisgarh) 490025
4. M. Raju S/o M Demudu Aged About 36 Years R/o New Housing Board Colony
Charoda, District Durg (Chhattisgarh) 490025
5. Kamlesh Thakur S/o Sita Ram Thakur Aged About 34 Years R/o Village Nimhat
& Post Chunhatta, District Rohtash (Bihar) 821304
6. Durgesh Prasad S/o Mahesh Prasad Aged About 35 Years R/o Ward No 4,
Nainpur District Mandla (Madhya Pradesh) 481776
7. Hemant Kumar Joshi S/o Mahesh Kumar Joshi Aged About 34 Years R/o Balaji
Menson, Maharana Colony Abhay Nagar- 27 District Nagpur (Maharashtra)
440027
8. Santosh Kumar S/o Surendra Prasad Aged About 35 Years R/o Village Dalippur,
PO Dalippur District Bhojpur (Bihar) 802155
9. Vidya Jaiswal S/o Rajendra Jaiswal Aged About 35 Years R/o Acharya Vinoba
Nagar Deobaloda, District Durg (Chhattisgarh) 490025
10. Bhuneshwar Kumar Sen S/o Dashrath Lal Sen R/o Village & Post Puri, Tehsil &
District Dhamtari (Chhattisgarh) 493663
11. Parmeshwar Lal S/o Gore Lal Aged About 31 Years R/o Q.No. 150, Road No 52,
Zone -2, Khursipar, District- Durg (Chhattisgarh) 490011
12. Ravindra Patel S/o Ramavatar Patel Aged About 25 Years R/o Village & Post
Dhooma, District Bilaspur (Chhattisgarh)
13. Satish Kumar Sharma S/o Shambhu Sharma Aged About 22 Years R/o Village &
Post Nonahara, District Ghazipur (Uttar Pradesh) 233303
14. Sadanand S/o Subbaram Aged About 23 Years R/o Village & Post Mugmas,
Tehsil G Hosi District Mau Nath Bhanjam (Uttar Pradesh) 275307
15. Chandan Kumar S/o Suresh Prasad Aged About 26 Years R/o Q No. 91, Sector -
11, Khursipar, Bhilai, District Durg (Chhattisgarh) 490011
16. Sudhir Kumar Tanti S/o Nakul Deo Aged About 28 Years R/o Village & Post Dibil,
PS Khaira, District (Bihar)
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17. Binod Kumar S/o Lalan Prasad Aged About 28 Years R/o Village Tarwan Post
Dadvhar, District Rohtash (Bihar)
18. Santosh Kumar Saw S/o Dashrath Saw Aged About 25 Years R/o C/o Barnaras
Singh Mohnew Bengolitola, Indireanagar, Mahavirpath, District Patna (Bihar)
800001
19. Vinod Kumar Yadav S/o Babul Al Yadav Aged About 28 Years R/o Belpar
Chouraha, Post Bhatpur Rani, District Deoria (Utter Pradesh) 274702
20. Mukesh Rajak S/o Devendra Rajak Aged About 26 Years R/o Village Chamhera,
Post Oriawan, District Nalanda (Bihar)
21. Mahendra Rajbanshi S/o Shrivratan Rajbanshi Aged About 32 Years R/o Village
Andhracha Post Keyel, District Arwal (Bihar) 804919
22. Rambilash Yadav S/o Vijay Kumar Yadav Aged About 23 Years R/o Village
Jaitpura, Usara District Ghazipur (Utter Predesh) 233001
23. Narendra Kumar S/o Manharan Lal Aged About 23 Years R/o Village Morid Post
Dungera Thana Utai District Durg (Chhattisgarh) 491107
24. Dayasagar Mahana S/o Radha Lal Chandrakar Aged About 24 Years R/o Village
Andharipali, Post Larambha District Janjgir Champa (Chhattisgarh)
25. Anil Kumar S/o Jamuna Bind Aged About 25 Years R/o Village Chak Abdul
Vahav, Post Chak Abdul Star, District Gazipur (Utter Pradesh) 275201
26. Ajay Kumar S/o Satrughan Yadav Aged About 32 Years R/o West Ajimgani, P.O.
Haveli Kharagpur, District Munger (Bihar) 811213
27. Vijan Kumar S/o Sonelal Roy Aged About 25 Years R/o Fatahpur Kamali, Po
Mahnar District Vaishali (Bihar) 844506
28. Om Prakash S/o Mahendra Prasad Aged About 32 Years R/o Village Makdumpur
PO Athmalotola, District Patna (Bihar) 803211
29. Krishna Moriya S/o Ramapati Moriya Aged About 27 Years R/o C/o Sangita
Nerar Sanskritik Bhawan, Ninda Nagar, Hathkhoj, Ward No- I, Post I.E. Bhalai,
District Durg (Chhattisgarh) 490001
30. Daleshari S/o Shankar Das Aged About 28 Years R/o Gandhi Chowk Utai, Post
Utai District Durg (Chhattisgarh) 490001
31. Nitin Nilkanth Tembhare S/o Nilkhanth Dadu Tembhare Aged About 26 Years
R/o Soni, Post Goregaon District Gondia, Maharastra 441801
32. Bhuneshwar Singh S/o Lalan Singh Aged About 30 Years R/o Quarter No 391,
Zone- 3, BMY Charoda District Durg (Chhattisgarh) 490025
33. M.D. Mustaqe S/o Abedin Ansari Aged About 24 Years R/o Village & Post Bharra
District Bokaro Jharkhand
34. Ramanuj Kumar S/o Ganauri Mahto Aged About 30 Years R/o Village Jagdiha
District Gaya (Bihar) 824233
3
35. Jagbandhu Jaina S/o Bhaskar Jaina Aged About 28 Years R/o Q.No. 4/g Sector
II, Khursipar District Durg (Chhattisgarh) 490011
36. Rajesh Kumar Lohara S/o Sahettaar Prasad Lohara Aged About 26 Years R/o
Village Beltukri, Thana Masturi, District Bilaspur (Chhattisgarh)
37. Abhay Kumar S/o Dharmendra Barhamchari Aged About 28 Years R/o Village
Manpur & Post Dhangaban District Nalanda (Bihar) 801301
38. Pruthwiraj Sahu S/o Lalit Sahu Aged About 29 Years R/o Village & Post
Sarandapali Via Bijepur, District Bargarh (Odisha) 768032
39. Goutam S/o Janak Ram Aged About 26 Years R/o Village & Post Gujra, Tehsil
Patan District Durg (Chhattisgarh) 491111
40. Sohan Kumar S/o Vagwan Mandal Aged About 26 Years R/o Village Kiul, Basti
Pachna Road, Lakhisarai (Bihar)
41. Sanjay Kumar S/o Rajendra Choudhary Aged About 22 Years R/o Village & Post
Arjunganj, District Bhagalpur (Bihar) 811213
42. Warghantiwar Nitesh Ramesh S/o Warghantiwar Ramesh Pochannaji Aged
About 33 Years R/o Indira Nagar Ward- 11, Tahsil Mul, District Chandrapur,
441224
43. Dinbandhu Kumar S/o Rajendra Sahu R/o Village Chiksic & Post Chougain,
District Rohtash, (Bihar) 802205
44. Ajay Kumar S/o Ganga Ram Aged About 28 Years R/o Village Thekalee & Post
Bahasapipra District Gaya (Bihar) 824232
45. K. Gopal S/o K P Naidu Aged About 30 Years R/o Sector-2, Bhilai Nagar, District
Durg (Chhattisgarh) 490001
46. Mantu Rajak S/o Arun Rajak Aged About 32 Years R/o Village & Post Pathapur,
District Gaya Bihar Pin No. 824233
47. Wahile Jintendra Nandkishore S/o Nandkishor Dukhuji Wahil, Aged About 30
Years R/o Chhota Gondiya Jitesh Chowk Dist, Gondia - 441601 (Maharashtra)
48. Sant Kumar Deshlahre S/o Manharan Lal Aged About 29 Years R/o Durg Thana
Durg, District Durg (Chhattisgarh)
49. Kunal Kumar S/o Ramraj Choudhary Aged About 28 Years R/o Village & Post
Barun Thana Baru District Aurangabad, (Bihar) 424112
50. Mritunjay Kumar S/o Sambhu Singh Aged About 25 Years R/o Village Pouthu
Sada Bigha, Post Pouthu, District Aurangabad (Bihar) 824121
---- Petitioners
Versus
1. South Eastern Central Railway Through The Charmian, Railway Recruitment
Cell, Anex Building, Office Of General Manager, Bilaspur - 495001 (Chhattisgarh)
4
2. General Manager, South Eastern Central Railway, Bilaspur - 495001
(Chhattisgarh)
3. Chief Personnel Officer (Recruitment), South Eastern Central Railway, Bilaspur -
495001 (Chhattisgarh)
4. Assistant Personnel Officer (Recruitment), Railway Recruitment Cell, Anex
Building, Office of General Manager, Bilaspur - 495001 (Chhattisgarh)
5. Senior Divisional Personnel Officer, South Eastern Central Railway, Bilaspur -
495001 (Chhattisgarh)
6. Senior Divisional Personnel Officer, South Eastern Central Railway, Raipur -
492001 (Chhattisgarh)
7. Senior Divisional Personnel Officer, South Eastern Central Railway, Nagpur -
440001 (Maharashtra)
---- Respondents
And Writ Petition (S) No. 2348 of 2015
1. A. Shankar Rao S/o Shri. A. Maheshwar Rao Aged About 29 years Umemployed, Residing At : Qr. No. 61-B, Zone- I, BMP- Charoda, District. Durg (Chhattisgarh) Pin- 490025
2. V. Venkateshwar Rao S/o Shri. V. Achuta Rao Aged About 29 Years Umemployed, Residing At : Shri. Laxmi Niwas, Near New Kali Mandir, Indira Nagar, BMY-Charoda Distt. Durg (Chhattisgarh) 490025
---- Petitioners Versus
1. Union Of India Through : The General Manager, S.E.C. Railway, Bilaspur Zone, G.M. Office, Bilaspur- 495004
2. The Chairman Railway Recruitment Cell, South East Central Railway, Annex. Building, G.M,s Office, Bilaspur- 495004 (Chhattisgarh)
3. The Assistant Personnel Officer, Railway Recruitment Cell, South East Central Railway, Annex. Building, G.M,s Office, Bilaspur- 495004 (Chhattisgarh)
4. The Chief Personnel Officer, S.E.C. Railway, Bilaspur Zone, Headquarters, Bilaspur- 495004
5. Mr. Bhuwneshwar Singh S/o Shri. Lalan Singh Aged About 29 Years Unemployed, Residing At : Qr. No. 391, Zone-3, BMY-Charoda, Distt. Durg Pin Code No. 490025 (Chhattisgarh)
---- Respondents 5 And Writ Petition (S) No. 2450 of 2015
1. Someshwar Lal Narmada S/o Pardeshi Lal Narmada Aged About 36 years R/o Tarbahar Indira Colony, Bilaspur, Tahsil And District- Bilaspur (Chhattisgarh).
2. Amrit Lal Patel S/o Sitaram Patel Aged About 24 Years R/o Village & Post Ghuttu Tahsil Takhatpur, District- Bilaspur (Chhattisgarh).
3. Jayprakash Khuntey S/o Mohit Ram Khuntey Aged About 26 Years R/o Village Mudpar, Tahsil Pamgarh, District Janjgir - Champa (Chhattisgarh).
4. Santosh Kumar S/o Shyam Kumar Aged About 26 Years R/o Gandhi Chowk, Bilaspur, Tahisl And District- Bilaspur (Chhattisgarh).
5. Harish Sharma S/o Babulal Sharma Aged About 27 Years R/o Jagmal Chowk, Bilaspur, Tahsil And District- Bilaspur (Chhattisgarh).
6. Sitaram S/o Rameshban, Aged About 35 Years R/o Ghoralotan Post Gloe Bazar, District Goralchpur (Utter Pradesh)
7. Pradeep Kumar Dhritlahre S/o Bodhi Ram Ghitlahre Aged About 33 Years R/o Village Birgaon, Tahsil Mungeli, District- Mungeli (Chhattisgarh).
8. Gopal Prasad Rathore S/o Radheshyam Rathore Aged About 26 Years R/o Village & Post Reda, Police Station Baradwar, District- Janjgir- Champa (Chhattisgarh).
9. Pradeep Nayak S/o Agasti Nayak Aged About 30 Years R/o H.N. 7 Hanuman Nagar Bilaspur, District- Bilaspur (Chhattisgarh).
10. Vinod Kumar Sahu S/o Sudanram Sahu Aged About 30 Years R/o Village Semhartara Tahsil Rajim, District- Gariyaband (Chhattisgarh).
11. Laxmi Kashyap W/o Shiv Prasad Patel Aged About 39 Years R/o Adarsh Nagar, Sirgitti, District - Bilaspur (Chhattisgarh).
12. Surajbhan Sahu S/o Bahur Ram Sahu Aged About 30 Years R/o Village & Post Bhatgaon, Police Station Kurud, District- Dhamtari (Chhattisgarh).
13. Khuman Sahu S/o Chetan Ram Sahu Aged About 26 Years R/o Village Semhar, Post Kirwai, Police Station Rajim, District- Gariyaband (Chhattisgarh).
14. Manoj Kumar Sahu S/o Harish Chand Sahu Aged About 28 Years R/o Ward No. 2, Tahsil Baloda Bazar, District- Baloda Bazar- Bhatapara (Chhattisgarh).
15. Bodhram Kashyap S/o Raju Ram Kashyap Aged About 28 Years R/o Village Mununda Tahsil Janjgir, District- Janjgir- Champa (Chhattisgarh).
16. Naresh Kumar Sahu S/o Hari Ram Sahu Aged About 35 Years R/o Village Kotmisonar, Tahsil Akaltara, District- Janjgir- Champa (Chhattisgarh).
17. Manoj Kumar Kashyap S/o Maniram Kashyap Aged About 26 Years R/o Village Jarhagaon, Tahsil And District - Mungeli (Chhattisgarh). 6
18. Bhulau Ram Sahu S/o Mansh Ram Sahu Aged About 30 Years R/o Kosa Nagar Bhilai, Post Nehru Nagar, District- Durg (Chhattisgarh).
19. Arjun S/o Shishupal Aged About 24 Years R/o Village Joratarai, Post Mangata, District- Rajnandgaon (Chhattisgarh).
20. Manish Kumar S/o Shanker Rao Aged About 32 Years R/o Maharana Pratap Chowk, Bilaspur, Tahsil & District- Bilaspur (Chhattisgarh).
21. Gulap Ram Sahu S/o Itwari Ram Sahu Aged About 26 Years R/o Malkharouda, District- Janjgir- Champa (Chhattisgarh).
22. Daya Ram Sahu S/o Basu Ram Sahu Aged About 38 Years R/o Village & Post Dhardei, Tahsil Pamgarh, District- Janjgir- Champa (Chhattisgarh).
23. Laxmi Prasad Sahu S/o Shri Ramsay Sahu Aged About 30 Years R/o Village & Post Kosla Tahsil Pamgarh, District- Janjgir- Champa (Chhattisgarh).
24. Kaushal Prasad Karsh S/o Kamta Prasad Karsh Aged About 30 Years R/o Village & Post Misda, District- Janjgir - Champa (Chhattisgarh).
25. Dilvijay Roy S/o Bedilal Roy Aged About 31 Years R/o Village & Post Kotmisonar, District- Janjgir- Champa (Chhattisgarh).
26. Deepak Kumar Sahu S/o Vishnu Kumar Sahu Aged About 27 Years R/o Village Paraghat, Post Jairamnagar, District- Bilaspur (Chhattisgarh).
27. Lachram Karsh S/o Manharan Lal Aged About 30 Years R/o Village & Post Kikirdha, Tahsil Jaijaipur, District- Janjgir- Champa (Chhattisgarh).
28. Avinash Kumar Kaiwartya S/o S.R. Kaiwartya Aged About 28 Years R/o Kansa Chowk, Near Chhoti Shitla Mandir, Tikrapara, Police Station City Kotwali, Bilaspur, Tahsil And District- Bilaspur (Chhattisgarh).
29. Priyam Kar S/o Nitish Chandra Kar Aged About 26 Years R/o Q.No. 54/5, Annapurna Vihar Bilaspur (Chhattisgarh).
30. Ramayan Yadav S/o Ganesh Ram Yadav Aged About 34 Years R/o Ward No. 3, Sirgitti, Nagar Panchayat, Near Mata Coura Temple, Bilaspur, District- Bilaspur (Chhattisgarh).
31. Rekhchand Manhar S/o Ganesh Ram Manhar Aged About 34 Years R/o Village Sambalpuri, Post Hiri, Tahsil Bilha, District- Bilaspur (Chhattisgarh).
32. Madan Lal Sahu S/o Kamal Narayan Sahu Aged About 28 Years R/o Village & Post Bitkula, Tahisl Masturi, District- Bilaspur (Chhattisgarh).
33. Hulesh Kumar Yadav S/o Ram Kumar Yadav Aged About 28 Years R/o Village & Post Portha, Tahsil Sakti, District- Janjgir- Champa (Chhattisgarh).
34. Kamleshwar Yadav S/o Puran Lal Yadav Aged About 28 Years R/o Village Dongiya, Post Protha, Tahsil Sakti, District- Janjgir-Champa (Chhattisgarh).
35. Ravi Kumar Sahu S/o Ramdhan Sahu Aged About 29 Years R/o Ramdhan Sahu, R/o Post Protha, Police Station Seepat, District- Bilaspur (Chhattisgarh). 7
36. Nandlal Shrivas S/o Bodhram Shrivas Aged About 33 Years R/o Seepat, Tahsil Masturi, District- Bilaspur (Chhattisgarh).
37. Ram Bhagat Dewangan S/o Kanhaiya Lal Dewangan Aged About 27 Years R/o Ward No. 13, Baloda, District- Janjgir- Champa (Chhattisgarh).
38. Umesh Kumar Sahu S/o Munna Lal Sahu Aged About 24 Years R/o Village & Post Banjari, District- Janjgir - Champa (Chhattisgarh).
39. Dhananjay Sahu S/o Shri Krishna Kumar Sahu Aged About 34 Years R/o Village & Post Nariyara, District- Janjgir- Champa (Chhattisgarh).
40. Jaikumar Dewangan S/o Mohan Lal Dewangan Aged About 28 Years R/o Behind Print House Karbala, Bus Stand Road, Bilaspur, District- Bilaspur (Chhattisgarh).
41. Preetam Kumar Sahu S/o Arjun Prasad Sahu Aged About 33 Years R/o Jairamnagar, Bilaspur, District- Bilaspur (Chhattisgarh).
42. Devendra Kumar Sahu S/o Yugal Kishore Sahu Aged About 29 Years R/o Village & Post Kopra, Tahsil Rajim, District- Raipur (Chhattisgarh).
43. Karan Kumar Sahu S/o Santram Sahu Aged About 25 Years R/o Village Manikchouri, P.O. Manikchouri, Block Masturi, District- Bilaspur (Chhattisgarh).
44. Laxmi Sahu S/o Kailash Prasad Sahu Aged About 31 Years R/o Village Madhuwa, Police Station Akaltara, District- Janjgir- Champa (Chhattisgarh).
45. Shyamlal Nirmalkar S/o Prahlad Nirmalkar Aged About 22 Years R/o Jairam Nagar, Masturi, Bilaspur, District Bilaspur (Chhattisgarh).
46. Jitendra Kumar Kashyap S/o Ankush Kantode Aged About 24 Years R/o Village & Post Salkhan, Tahsil Kharod, District - Janjgir - Champa (Chhattisgarh).
47. Sagar Gyaniram Pathode S/o Shri Gyaniram Govind Pathode Aged About 29 Years R/o Shivnagar, Pangoli Road, Chhotagondia, District Gondiya (Maharashtra)
48. Jitendra Nandkishore Wahile S/o Nandkishore Dukhuji Wahile Aged About 29 Years R/o Chhota Gondiya, Jitesh Chowk, District- Gondiya (Maharashtra)
49. Anil Kumar Yadav S/o Punni Ram Yadav Aged About 27 Years R/o Village Khaja, Shakti District- Janjgir- Champa (Chhattisgarh).
50. Kamlesh Kumar Burman S/o Awadh Ram Burman Aged About 30 Years R/o Village Bhalwahi, Tahsil Pamgarh, District- Janjgir- Champa (Chhattisgarh).
51. Shesh Narayan Sahu S/o Pawan Kumar Sahu Aged About 28 Years R/o Village And Post Achholi, Tahsil Kurud, District- Dhamtari (Chhattisgarh).
---- Petitioners Versus
1. South Eastern Central Railway, Through The Chairman, Railway Recruitment Cell, Anex Building Office of General Manager, Bilaspur (Chhattisgarh) 8
2. General Manager, South Eastern Central Railway, Bilaspur (Chhattisgarh).
3. Chief Personnel Officer, South Eastern Central Railway, Bilaspur (Chhattisgarh).
4. Assistant Personnel Officer, (Recruitment) Railway Recruitment Cell, Anex Building, Office of General Manager, Bilaspur (Chhattisgarh).
5. Senior Divisional Personnel Officer, South Eastern Central Railway, Bilaspur (Chhattisgarh).
6. Senior Divisional Personnel Officer, South Eastern Central Railway, Raipur (Chhattisgarh).
7. Senior Divisional Personnel Officer, South Eastern Central Railway, Nagpur (Maharashtra)
---- Respondents For Petitioners : Shri Harsh Wardha, Advocate, in W.P.(S) No.1965 of 2015, Shri B.P. Rao, Advocate, in W.P.(S) No. 2348 of 2015 and Shri Ajay Shrivastava, Advocate, in W.P.(S) No.2450 of 2015.
For Respondents. : Shri H.S. Ahluwalia, Advocate, in No.1965 of 2015 and W.P(S) No. 2348 of 2015 and Shri Abhishek Sinha & Shri Ghanshyam Patel, Advocates in W.P(S) No.2450 of 2015.
Hon'ble The Chief Justice Hon'ble Shri Justice P. Sam Koshy Order On Board Per Navin Sinha, Chief Justice.
05/08/2015
1. These three writ applications arise from a common order dated 13.02.2015 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit sitting at Bilaspur in O.A. No.203/00259/14 and analogous applications.
2. Since the facts are similar and the questions of law arising for consideration are common with regard to recruitment in the scale of Rs. 5200-20,200 + Grade Pay of Rs.1800/- in Raipur, Bilaspur and Nagpur 9 Division and workshops of South East Central Railway, Raipur, they have heard together and are being disposed by this common order.
3. The Tribunal held that the Petitioners claiming to be with 20% extra list had no claim to be considered against non-joining vacancies unless and until the procedure prescribed in Railway Board's letter dated 02.07.2008 was followed and process initiated for filling up the same.
4. Learned counsel for the Petitioners submitted that of the 5798 posts advertised (5540 in General category and 258 in physically handicapped category) 624 posts remained unfilled in the General Category. The Respondents had prepared 20% extra candidates list which was supposed to be made operational by appointment from the same in case of non- joining vacancies of selected candidates or such of them disqualified on medical grounds. Even if the Petitioners may have had no indefeasible right to appointment, yet if vacancies remained unfilled, the Respondents could not act arbitrarily by not filling up the unfilled vacancies advertised, except for valid and germane reasons which is not the case presently making their conduct arbitrary. If the circular dated 20.08.2009 was not applicable to the Petitioners who are recruited through the Railway Recruitment Cell and not through the Railway Recruitment Board, yet it provides sufficient guidelines for the manner in which the replacement panel is to be worked. It was next submitted that under the Right to Information Act, on 29.04.2015, the South Western Railway has informed that candidates from these 20% extra candidates list have been considered for appointment against unfilled vacancies of higher merit candidates who may also have been found unfit during medical 10 examination. Likewise, the East Coast Railway under Right to Information Act on 15.09.2014 has acknowledged that four persons from 20% extra candidates list have been appointed and that the recruitment rules were common for Regional Recruitment Cell, Bilaspur also. Article 14 was sought to be invoked on basis of aforesaid to urge discrimination.
5. Learned Counsel for the Respondents submitted that no separate 20% extra candidates list is prepared at the very inception when candidates higher in the merit list are called for selection. If vacancies remained unfilled due to non-joining of selected candidates or disqualification on medical grounds, there is a procedure prescribed in the Railway Board letter dated 02.07.2008 which has to be initiated only after which formation of replacement panel commences.
6. We have considered the submissions on behalf of the parties and are of the considered opinion that the only question arising for our consideration is to the correctness of the order of Tribunal with regard to the interpretation of Railway Boards letter 02.07.2008. We are not required to go into the question with regard to number of unfilled vacancies and issues regarding filling up of the same. Merely because a specified number of vacancies may have been published no mandamus can be issued to fill up the same from beyond the merit list.
7. The only question for our consideration is that if the Petitioners were not in the original list of selected candidates on higher merit and were to be considered against non-joining vacancies or medical disqualification of selected candidates, then the procedure prescribed in the Railway Board's letter 02.07.2008 was required to be followed by preparation of a 11 replacement panel. The Tribunal has arrived at a finding of fact that no process for initiation of the procedure under letter dated 02.07.2008 was ever commenced by the Respondents to fill up non-joining vacancies from any replacement panel. A candidate outside and beyond the merit list, has no vested legal right to such appointment as a matter of right because vacancies may exist. We do not find any reason to differ with the conclusions arrived at by the Tribunal.
8. The submission with regard to Article 14 also does not impress us. There will be a presumption that if appointments have been made from the replacement panel in certain other Zones, the procedure prescribed in Railway Boards letter dated 02.07.2008 had been followed. The material furnished by the Petitioners in respect of the plea of discrimination does not reveal that appointment from the replacement panel were made in deviation from Railway Boards letter dated 02.07.2008. Even otherwise, if any appointment have been made from the replacement panel contrary to the procedure under letter dated 02.07.2008, it cannot create a cause of action to demand perpetuation of the illegality.
9. In our opinion, Article 14 cannot be invoked to seek application of a uniform standard in different Divisions of the Railways only because the Railways is one entity. We therefore find no reason to interfere with the order of Tribunal.
10. The Writ Petitions are dismissed.
Sd/- Sd/-
(Navin Sinha) (P.Sam Koshy)
CHIEF JUSTICE JUDGE
inder