Central Administrative Tribunal - Allahabad
Rajendra Kumar Sharma vs M/O Railways on 21 October, 2024
(Reserved on 23.09.2024)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
(Pronounced on the 21st day of October, 2024)
Original Application No. 696/2019
Hon'ble Mr. Justice Rajiv Joshi, Member (Judicial)
Hon'ble Mr. Anjani Nandan Sharan, Member (Administrative)
Rajendra Kumar Sharma 28 years Son of Sri Hari Prasad Sharma, Resident
of Village and Post- Badh Dhigawara, District - Alwar (Rajasthan) Pin-
301414.
.....Applicant
By Advocate: Shri M S Pipersenia
VERSUS
1. Government of India, Ministry of Railways, Railway Recruitment
Boards, New Delhi through its Secretary.
2. Railway Recruitment Board, New Delhi through its Chairman.
3. Railway Recruitment Board, Allahabad opposite to NCR Headquarters,
Near Subedarganj Railway Hospital, Subedarganj, Allahabad (U.P.)- 211033
through General Manager.
. . .Respondents
By Advocate: Shri Subhash Chandra Mishra
ORDER
By Hon'ble Mr. Anjani Nandan Sharan, Member (Administrative) The instant Original Application has been filed u/s 19 of the Administrative Tribunal Act, 1985 seeking following reliefs:-
.... "8(i) Issue an order to quash the order cum information dated 13.02.2018 and 10.12.2017 so far as it relates at serial no. 1 in the letter itself.
(ii) Issue an order directing the respondents to issue the appointment letter to the applicant for the post of ALP & PRIYADARSHANA Technician in the department in pursuance of the CEN No. 1 of 2014.
(iii) Issue an order directing the respondents to permit the applicant to join on the post of ALP & Technician in the department in pursuance of selection held by the respondents in view of the CEN No. 01 of 2014 and further permit the applicant to join on the post of ALP and Technician in the Department and permit to work the applicant on the post and further pay the regular salary to the applicant."
2. The brief facts of the case, as per the applicant, are that the applicant namely Rajendra Kumar Sharma submitted an application in accordance with Centralised Employment Notice No. 01/2014. The written examination was held on 29.06.2014 and the applicant appeared in written examination at Lucknow in all papers. The applicant qualified the written examination and as such, he was invited for Psycho Aptitude test on 12.10.2015. The applicant qualified in written examination and has secured 26.78% out of 30 marks in Psychological Aptitude Test.
3. After Psychological Aptitude Test, the applicant was called for document verification on 18.05.2016. On the said date, the documents were verified but the applicant has not been informed about the result. Further, vide communication letter dated 10.12.2017, the applicant has been provided with the details of marks obtained by the applicant in written examination and Psychological Aptitude Test, wherein the applicant has been informed for the first time that since the applicant's educational qualification is not for the post of Assistant Loco Pilot (ALP) as such, the applicant's selection for Assistant Loco Pilot (ALP) could not be proceeded. So far as the selection for the post of Technician is concerned, the applicant has been informed that his marks are less than merit. The respondents have PRIYADARSHANA Page 2 of 7 not passed any order rejecting the candidature of the applicant. The respondents have permitted the applicant to appear in the written examination, Psychological Aptitude Test and document verification and at any point of time, the respondents have not cancelled the applicant's candidature. The vacancies are still lying vacant. The vacancy is of the year 2014 and the candidature has been rejected on 10.12.2017. Aggrieved by this, the applicant has filed this Original Application and prayed to grant him the relief as claimed.
4. Upon notice, the learned counsel for the respondents have filed counter affidavit wherein it is stated that the Government of India, Ministry of Railways, Railway Recruitment Board published employment Notice No. 01 of 2014 for the selection on the post of Assistant Loco Pilot and Technician categories on 18.01.2014. The educational and technical qualification for the above post of Assistant Loco Pilot,cat.01 was notified As "Matriculation plus course completed Act apprentice/ITI approved by NCVT/SCVT in the trade of fitter/Electrician/ Instrument Mechanic/Mill Wright Maintenance Mechanic/Mechanic (Radio&TV) /Electronic Mechanic/Mechanic (Motor Vehicle)/Wireman/Tractor Mechanic/Armature and coil Winder/Mechanic (Diesel) / Heat Engine / Turner/ Machinist/ Refrigeration & Air Condition Mechanic or Three Years Diploma in Mechanical / Electrical /Electronics /Auto Mobile Engg. in lieu of ITI. Candidates having higher educational qualification B.Tech in Mechanical /Electrical/Electronics Automobile Engg recognized by AICTE are also eligible." It was Notified under para 1.01(B) of Employment notice that before applying for any post, candidates should ensure that they fulfill all the eligibility norms.
PRIYADARSHANA Page 3 of 7
5. It is further stated that the applicant applied as per the notification for both the posts having education/Technical qualification 10+2 with PCM and B. Tech in information Technology. The applicant was provisionally allowed to appear in the written examination and on the basis of merit of written examination and Aptitude Test he was called for Document verification for the post of Assistant Loco Pilot, Cat.01 of the aforesaid notification. The applicant failed to secure the cut off marks even so he was not called for document verification for the post of Technician Grade.
6. It has also been submitted that at the time of the document verification it has been found that the applicant does not fulfill the essential criteria for the post of ALP. It is further submitted that the applicant is B. Tech. in Information Technology whereas the minimum educational qualification required for the post ALP is mechanical/electrical/Electronics/ automobile engineering as per the Employment Notice. So the applicant was not selected for the post of Assistant Loco Pilot as he was not having the required essential educational qualification. It is further stated that for the post of Technician grade the applicant failed to secure the cut-off marks, meaning thereby, that the marks secured by the candidate were lower than the cut-off marks. Because of the aforesaid reasons, the name of the applicant was not included in the final results of the successful candidates. It has also been submitted that if the candidates failed to be in the selected list, it is not required that Institution must intimate the candidate as to why he has not been successful. It is further stated that action of the respondents is as per rules and is not arbitrary. Accordingly, the respondents have requested to dismiss this Original Application as it is devoid of merit. PRIYADARSHANA Page 4 of 7
7. The applicant has also filed rejoinder affidavit on 12.04.2024 to rebut the submissions made by the respondents in their counter affidavit and has reiterated his averments.
8. Heard Shri M.S.Pipersenia, learned counsel for the applicant and Shri Subhash Chandra Mishra, learned counsel for the respondents and perused the materials available on record.
9. After careful consideration of the facts and submissions made by both parties, it is seen that as per in the Centralised Employment Notice (CEN) No. 01/2014 Assistant Loco Pilot & Technician Categories issued by Government of India, Ministry of Railways, Railway Recruitment Board dated 18.01.2014, minimum educational qualification for the post of Assistant Loco Pilot are as under:-
"Matriculation plus course completed Act Apprenticeship/ITI approved by NCVT/ SCVT in the trades of Fitter/Electrician/ Instrument Mechanic Motor Vehicle/Wireman/Tractor Mechanic/Armature & Coil Winder/Mechanica Diesel/Heat Engine/Turner/Machinist/Refirigeration & AC Mechanic or Diploma in Mechanical/electrical/Electronics/Automobile Engineering recognized by AICTE in lieu of ITI. (Candidates having higher Educational qualification in Mechanical/Electrical/Electronics/Automobile Engineering recognized by AICTE are also eligible."
It is also seen that the applicant obtained Bachelor of Technology (B.Tech) in Information Technology (IT) from Rajasthan Technical University Kota in the year 2013 in 1st Division. As such, B.Tech (IT) is not the minimum qualification as per the advertisement in the employment notice and mere issuance of admit card to appear in the written examination and allowing him to appear in written examination and Psychological Aptitude Test (PAT) do not mean that he fulfills the essential criteria for the advertised PRIYADARSHANA Page 5 of 7 post. Para 1.01(B) of the Centralised Employment Notice dated 18.01.2014 is as under:
.... "Before applying for any post, candidates should ensure that they fulfill all the eligibility norms. Candidates should have requisite Educational/Technical qualifications from recognized Board/ University/NCVT/SCVT as on the date of submission of the application for Centralised Employment Notice. Those awaiting results of the final examination need not apply."
10. At the time of document verification, it has been found that the applicant did not have the essential qualification for the post of Assistant Loco Pilot. The applicant namely Rajendra Kumar Sharma is B.Tech in Information Technology whereas the minimum educational qualification required for the post of Assistant Loco Pilot is Mechanical/ Electrical/Electronics/Automobile engineering as per the CEN and for the post of technician, the applicant failed to secure the minimum cut off marks. It is also seen that in response to the application of the applicant under RTI Act-2005, it has been intimated that:
.... "उऩयोक्त संदर्बित आवेदन द्वाया CEN 01/2014 ऩद-ALP&Tech. के सम्फंध भें भांगी गई सूचना का वववयण ननम्न प्रकाय है -
(i) र्रखित ऩयीऺा भें आऩके द्वाया (यौर न 0-9113314) प्राप्त अंक 56.53% (After Normalization) है
(ii) साइको टे स्ट भें आऩके द्वाया प्राप्त अंक 26.78 (Out of 30) है । साइको टे स्ट का टी-स्कोय ननम्न प्रकाय है -
T1-63 T2-69 T3-80 T4-72 T5-73
(iii) कट ऑप भाकिस ये .ब. फोर्ि, इराहाफाद के वेवसाइट ऩय अऩरोर् ककमा जा चुका है, कृऩमा अवरोकन कये ।
(iv) ALP के चमन के र्रए आऩके द्वाया प्राप्त अंक/भेरयट 66.35 (70% of Written Examination + Psycho Test's marks) है ।
PRIYADARSHANA
Page 6 of 7
(v) आवेदन ऩत्र की प्रनत सूचनाथि संरग्न है ।
(vi) आऩका शैक्ष्णणक मोग्मता ALP ऩद हे तु नहीं होने के कायण ALP ऩद के
र्रए आऩका चमन नहीं हो सका एवभ ् ननम्न भेरयट के कायण टे क्ष्क्नर्शमन के ऩदो हे तु आऩका चमन नही हो सका । ALP & Technicians हे तु चमननत अभ्मर्थिमो का कट ओप भाकिस ये .ब. फोर्ि , इराहाफाद के वेवसाइट ऩय अऩरोर् ककमा जा चुका है, कृऩमा अवरोकन कये ।"
11. In view of the above, it is observed that the applicant did not possess the essential qualification for the post of Assistant Loco Pilot and he failed to secure minimum cut off marks required for the post of Technician. These facts have also been communicated to the applicant in response to his application under RTI Act, 2005. Hence, the instant Original Application is devoid of merit and is liable to be dismissed.
12. Therefore, the instant Original Application is dismissed and all associated MAs stand disposed of, accordingly. No order as to costs.
(Anjani Nandan Sharan) (Justice Rajiv Joshi)
Member-A Member-J
/Priyadarshana/
PRIYADARSHANA
Page 7 of 7