Central Administrative Tribunal - Allahabad
Mehar Chand vs Railway Recruitment Board on 23 July, 2024
OA No. 421 of 2020
(Reserved on 12.07.2024)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Allahabad, this the 23rd day of July, 2024
Original Application No. 330/00421/2020
Hon'ble Mr. Justice Om Prakash VII, Member (Judicial)
Hon'ble Mr. Mohan Pyare, Member (Administrative)
Mehar Chand, aged about 30 years, S/o Shri Todarmal R/o House No.142
Palla No.1, Bheem Basti, Near Harijan Chaupal, Faridabad Hariyana, Pin
No.121003.
....Applicant
By Advocate: Shri Gopal Ji Khare
Versus
1. Union of India through its Secretary, Ministry of Railway (Railway
Recruitment Boards), New Delhi.
2. Chairman, Railway Recruitment Board, Allahabad.
3. Member Secretary, Railway Recruitment Board, Allahabad.
....Respondents
By Advocate: Mrs. Rachna Dubey
ORDER
By Hon'ble Mr. Mohan Pyare, Member (Administrative):
Shri Gopal Ji Khare, learned counsel for the applicant and Mrs. Rachna Dubey, learned counsel for the respondents are present.
2. By means of this OA, the applicant has sought the following reliefs :
"(i) An order or direction to quash the letter/order dated 16.06.2020 (Contained Annexure No.A-1 to the Compilation No.1 to the Original Application) issued/passed by respondent No.3.
RAJEEV KUMAR MISHRA Page 1 of 11 OA No. 421 of 2020
(ii) An order or direction to the respondents to provide appointment to the applicant on the post of Technician Grade III Motor Vehicle Driver Cum Mechanic.
(iii) And pass any other and further suitable order which this Hon'ble Court may deem fit and proper in the ends of justice.
(iv)) To award costs throughout to the applicant"
3. That the brief facts of the case are that the applicant belongs to SC community, is Intermediate Examination passed as well as I.T.I. in Trade Mechanic (Motor Vehicle in NCVT) from I,.T.I., Faridabad, Hariyana. A notification (CEN 01/2018) was published for recruitment of various posts and applicant being fully qualified for the post of Technician Grade III Motor Vehicle Driver cum Mechanic, applied in pursuance of the above notification. He appeared in first stage computer based test on 21.08.2018 and was declared successful. After that he was issued e-call letter dated 05.08.2019 for document verification and medical examination and appeared for document verification on 18.08.2019. The applicant was advised to report to CMS Sub Divisional Hospital, NER, Varanasi for medical examination at 9.00 A.M. on 19.08.2019. He appeared for medical examination and was found medically fit. On 08.01.2020, the respondents issued a circular directing the applicant to appear with light motor vehicle and heavy motor vehicle Driving Licence. According to original notification (CEN 01/2018) the light motor vehicle and heavy motor vehicle Driving Licence was not required for the post applied by the applicant. The applicant has submitted his Driving Licence for light motor vehicle and heavy motor vehicle. A letter RAJEEV KUMAR MISHRA Page 2 of 11 OA No. 421 of 2020 dated 16.06.2020 was issued to the applicant declaring him unsuccessful on the ground that the applicant has submitted light motor vehicle and heavy motor vehicle Driving Licence which was not as per direction issued earlier. Through e-call letter dated 05.08.2019, the applicant was directed to bring several original documents in which there was no mention about the Driving Licence for the light motor vehicle and heavy motor vehicle. Aggrieved by the above impugned order, the applicant has filed this OA.
4. Heard the rival submissions of the parties.
5. Learned counsel for the applicant has submitted that as per original notification (CEN 01/2018) there was no requirement to submit light motor vehicle and heavy motor vehicle Driving Licence, another candidate namely Sujeet Kumar, whose registration No. 440198080 has filed OA No.330 of 2020 on the same issue, which is also pending. The applicant has filed OA No.303 of 2020 for the same issue which was withdrawn with liberty to file fresh application. Another candidate having no Driving Licence has been granted liberty to submit the Driving Licence within six months. Many other candidates who have not light motor vehicle and heavy motor vehicle Driving Licence got appointment (Annexure-A-16). In original notification (CEN 01/2018) dated 03.02.2018 the requirement of Driving Licence RAJEEV KUMAR MISHRA Page 3 of 11 OA No. 421 of 2020 was not for the post which was subsequently changed by the respondents and many candidates who did not possess Driving Licence was provided opportunity to submit light motor vehicle and heavy motor vehicle Driving Licence but the same was denied to the applicant. Hence, this practice of respondents is discriminatory as well as change of requirement during the process of recruitment which is not permissible in law, hence the impugned order should be set aside and respondents should be directed to provide the appointment to the applicant.
6. Per-contra, the respondents have filed the counter reply dated 20.11.2020 and 26.07.2021 in which the respondents have submitted that following was the condition required for applying to the post in consideration of this OA :-
"Matriculation/SSLC plus/III from recognized institution of NCVT/SCVT in the trade of Mechanic Motor Vehicle/Driver cum Fitter/Driver com Mechanic (Light Motor Vehicle) (OR) "Matriculation/SSLC plus Course Completed Act Apprenticeship in the trades mentioned above.
(And) Should possess a valid Driving Licence for driving Light Duty and Heavy duty vehicle."
RAJEEV KUMAR MISHRA Page 4 of 11 OA No. 421 of 2020 The applicant applied with qualification of 02 years I.T.I. Certificate in Trade Mechanical (Motor Vehicle) and did not posses Driving Licence for light motor vehicle and heavy motor vehicle at the time of submission of on-line application. The applicant was provisionally allowed to appear in the written examination and provisionally called for document verification. At the time of document verification, applicant did not produce the Driving Licence for light motor vehicle and heavy motor vehicle, hence the result of the applicant was withheld. The applicant was further advised by a notice dated 08.01.2020 to produce the Driving Licence for light motor vehicle and heavy motor vehicle within one month from the date of issuance of notice otherwise the candidature of the applicant will be cancelled. The applicant submitted light motor vehicle and heavy motor vehicle Driving Licence issued on 19.09.2019 which is after the closing date of the notification. Hence, his candidature was cancelled in a letter dated 16.06.2020. With reference to paragraph No.4.22 and 4.23 of the OA, the respondents have submitted that no candidates have been selected by RRB, Allahabad without having Driving Licence for light motor vehicle and heavy motor vehicle before cut of date of notification. As the applicant did not posses Driving Licence for light motor vehicle and heavy motor vehicle before the cut of date of CEN 01/2018 and he obtained such Licence only on 19.09.2019 so he did not fulfil the condition prescribed in the notification and so his candidature was rightly rejected. RAJEEV KUMAR MISHRA Page 5 of 11 OA No. 421 of 2020
7. Learned counsel for the applicant through filing the rejoinder affidavit repeated the grounds mentioned in the OA and reiterated the fact that requirement of possession of Driving Licence of light motor vehicle and heavy motor vehicle was inserted in the notification some time during the process of recruitment much after the original date of notification No.CEN 01/2018. He further submitted that on the basis of same notification in other Railway Recruitment Board, jobs were provided on same post to many candidates who have not possessed the Driving Licence at the time of closing date of the notification No.CEN 01/2018. He has enclosed the letter dated 20.02.2020 of DRM"s Office, Mumbai, which is reproduced as below :-
WESTERN RAILWAY Divisional Railway Manager's Office Mumbai Central Dt.20.02.2020 No. E/L/ C&W/890 (Technician) To.
Shri Rohit Kumar Roll No 301017001530053 Sub: Recruitment to Gr 'C' post in Technician III- Level 2 MechDeptt - BCT Division.
Ref: GM (E) CCG's LNo.E(R&T)890/25/2 Vol.VI dt.04.02.2020.
************ The following candidates as per the list enclosed are offered an appointment as Technician III Motor Vehicle driver Cum Mechanic - Level 2 on stipend Rs.19900/- plus dearness allowances as admissible under the Railway rules subject to the following conditions- RAJEEV KUMAR MISHRA Page 6 of 11 OA No. 421 of 2020
1. The candidates will have to undergo a prescribed training of 06 months duration and on successful completion of the training, the candidates will be trade tested and on passing the trade test, the candidates will be eligible for Technician III - Level 2 only. However, no guarantee or promise of employment is given or implied.
2. In the event of failure in the final examination held at the end of prescribed training, a second chance will be given if considered absolutely necessary, but in that case the candidates will not be paid stipend and dearness allowance to which they were entitled. However, in case the candidates belong to SC/ST community, they will be given stipend with dearness allowance during the second chance also but neither stipend nor dearness allowance would be admissible during the 3rd chance if granted by the competent authority.
3. The candidates are required to enter into an agreement with the Rly. Administration to the effect that in the event of their resigning from service during the period of training, they will agree to pay on demand, to the government, all stipends and other amount drawn by them from the government from time to time and also they will have to refund to the administration on demand the whole cost, pay and allowance excluding travelling and running allowance if any drawn by them.
Further on successful completion of training they will have to undertake to serve the Railways for a minimum of 05 years.
4. The candidates will be governed by the New Pension Rules promulgated by the Ministry of Railways vide letter no. E/111/2003/PN/1/26 dt. 31.12.03 with effect from 1.1.2004.
5. The candidates will have to confirm to all rules and regulations applicable to Govt. Railway trainee.
6. The candidates will have to take oath, solemn affirmation of allegiance to India and to Constitution of India. The candidates will have to submit the declaration that they have not more than one wife living.
7. The candidates appointment is subject to the declaration that they are not serving elsewhere, at the time of their joining the Rly. or if you RAJEEV KUMAR MISHRA Page 7 of 11 OA No. 421 of 2020 are already an employee that your employer has permitted you to take up this employment and have no objection to relieve you in time.
8. The candidates training is liable to be terminated in 07 days not only as per Rly Rules but also if so required.
9. The candidates will be enrolled if so required, for Military Service in Rly. Engg. Unit of Territorial Army for a period of 07 years in Territorial Array Service and 08 years in Territorial Army Reserve or for such period as may be laid down in this regard from time to time.
10. All the candidates are requested to bring all the following original documents attested by Gazetted Officer and enclosures duly filled:
a Matriculation Certificate b Ceritificate of Date of Birth/School c Caste Certificate D Educational/Technical (For SC/ST/OBC Qualification Certificate E Copy of Pan Card F Saving Bank Account No. G MICR Code no.of the bank & H Cancelled Cheque of your Bank IFSC Code Account alongwith name mentioned in it I - 08 recent passport of size color photographs J - Character Certificate/Antecedent (dully filled and certificate) K - Attestation forms in 3 set (enclosed) L -Service Agreement (Form enclosed) Franking of Rs.500/- from any bank M - Adhaar Card
11.If the candidates are willing to accept the offer of appointment of terms and conditions as mentioned above and as stipulated in the agreement form, the candidates should report to this office on RAJEEV KUMAR MISHRA Page 8 of 11 OA No. 421 of 2020 the date mentioned in the list, failing which offer of appointment will be deemed as cancelled.
8. Considered the rival submission and verified the record available in this OA.
9. According to learned counsel for the applicant that the necessary qualification for the post applied was "Matriculation/SSLC plus/ITI from recognized institution of NCVT/SCVT in the trade of Mechanic Motor Vehicle/Driver cum Fitter/Driver cum Mechanic (Light Motor Vehicle)" and possession of valid driving licence for light motor vehicle and heavy motor vehicle was inserted subsequently. The applicant has supplied copy of notification CEN 01/2018 in which the page containing essential qualification was not readable, hence he was directed to produce fair and legible copy which he has submitted through supplementary affidavit dated 12.10.2020, in which it is very clear that essential qualification for the post applied was as mentioned by him earlier and driving licence for light motor vehicle and heavy motor vehicle (Annexure-1). The other contention of the learned counsel for the applicant is that one Sujeet Kumar was given appointment who has submitted driving licence subsequent to his selection. A perusal of letter enclosed as Annexure- RA-2 reveals that one Rohit Kumar was offered appointment dated 20.02.2020 on which it is written by pen that driving licence for heavy motor RAJEEV KUMAR MISHRA Page 9 of 11 OA No. 421 of 2020 vehicle was issued to him on 29.01.2020, in that letter reference is mentioned as GM (E) CCG's L.No.E(R&T)890/25/2Vol.VI dated 04.02.2020. Perusal of this document does not reveal, whether this appointment has been made with respect to CEN 01/2018. The another contention of the applicant is that one Sujeet Kumar has received information under RTI Act, in that certain persons have been issued driving licence during 2014 and 2015 and for others information regarding issuance of driving licence is not available with the authority concerned (competent to issue information under RTI Act, 2005).
10. On the basis of above discussions, it is very clear that essential qualification for the post applied in CEN 01/2018 i.e. "Matriculation/SSLC plus/ITI from recognized institution of NCVT/SCVT in the trade of Mechanic Motor Vehicle/Driver cum Fitter/Driver cum Mechanic (Light Motor Vehicle) (OR) "Matriculation/SSLC plus Course Completed Act Apprenticeship in the trades mentioned above.
(And) Should possess a valid Driving Licence for driving Light Duty and Heavy duty vehicle."
The applicant was advised by a notice dated 08.01.2020 to produce the Driving Licence for light motor vehicle and heavy motor vehicle issued before 31.03.2018 i.e. the cut off date of RAJEEV KUMAR MISHRA Page 10 of 11 OA No. 421 of 2020 CEN 01/2018 within one month from the date of issuance of notice otherwise the candidature of the applicant will be cancelled. The applicant has submitted his driving licence which was issued on 19.09.2018 after the cut off date of notification CEN 01/2018.
11. In the light of above discussions, it is clear that the applicant has failed to establish his claim for the relief sought. The OA is devoid of merit and liable to be dismissed. Accordingly, the OA is dismissed. No order as to costs.
12. All MAs pending in this O.A. also stand disposed off.
(Mohan Pyare) (Justice Om Prakash VII)
Member(Administrative) Member(Judicial)
RKM/
RAJEEV KUMAR MISHRA
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