Central Administrative Tribunal - Chandigarh
Balwinder Singh vs Railway Recruitment Board on 25 September, 2023
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
ORIGINAL APPLICATION NO.60/295/2023
DATED THIS THE 25th DAY OF SEPTEMBER, 2023
(Reserved On: 06.09.2023)
CORAM:
HON'BLE MR. RAMESH SINGH THAKUR, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Balwinder Singh (aged 35 years), S/o Sh. Baldev Singh, R/o
Ward No.14, Village Hussainpur, Tehsil and District Ropar
(Punjab).
.... Applicant
(By Advocate: Sh. Vikram Bajaj).
Versus
1. Union of India, Ministry of Railways, Room No. 256-A, Rail
Bhavan, Raisina Road, New Delhi-110001, through Secretary
(ndianrailways-gov.in).
2. Chairman, Railway Recruitment Cell (RRC), Lajpat Nagar-1,
New Delhi-110024 rren.org).
3. Chairperson, Railway Recruitment Board (RRB), Panchkula
Road, Railway Colony, Chandigarhbcdp.gov.in)
..... Respondents
(By Advocate: Sh. K. K. Thakur).
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O R D E R (ORAL)
PER: RASHMI SAXENA SAHNI, MEMBER (A)
1. Present original application has been filed by the applicant seeking following relief(s):-
(1) To direct the respondents to conduct the document verification for the Applicant, and to add the marks for possessing the Apprenticeship Certificate from Railways itself, to determine his merit for issuance of appointment letter to him for recruitment to the Group D post in pursuance to the advertisement Annexure A-
1 dated 23.02.2019;
2. Facts of the case as projected by the applicant in the O.A. are as follows:-
I. The respondents issued an advertisement dated 23.02.2019 inviting applications through online system, from various eligible candidates, for recruitment to posts in Level-1 7th CPC Pay Matrix i.e. Group D posts (Annexure A-1). As per advertisement Annexure A-1 instruction No.(4) of "Important Instructions", it was stated as under:-
"4. Candidates should have their own mobile number and valid & active personal email ID and keep them active for the entire duration of recruitment as RRBS/RRCS shall send all recruitment related communications only through SMS and email till the recruitment is completely over. RRBs/RRCs will not entertain any request for change of mobile number and e-mail address at any stage. Only one 3 ONLINE Registration is permitted through one mobile number and one email ID under this CEN."
II. In instruction No. 7 under the "Important Instruction", it was stated that eligibility of the candidates will be considered only on the strength of the information furnished in the Online Application. In instruction No.1.9 under the caption "General Instructions" in the advertisement, it was stated that dates of examination will also be published on the websites of participating RRBs/RRCS. In para No.14.0 under the caption "Recruitment Process", it was stated that that the date, time and venue for all the activities, namely, CBT, PET, DV and Medical Examination or any other additional activity as applicable shall be fixed by the RRBs/RRCS and shall be intimated to the eligible candidates in due course. So information regarding the conducting of the CBT, or the Physical Efficiency Test, or Medical Examination, was to be provided to the participating candidates, on their email address, or through SMS. In para No. 14.3 under the caption "Document Verification and Empanelling of Candidates" at internal page 20 of the advertisement, it was made clear that based on the performance of the candidates in the Computer Based Test (CBT), and subject to the candidates qualifying in the PET 4 (Physical Efficiency Test), the candidates twice the number of vacancies will be called for document verification as per the merit and options.
III. In pursuance to the aforesaid advertisement, the applicant submitted his application through online system, and was given the registration No. 1271779306 (Annexure A-2). In the aforesaid online application applicant had clearly stated that he has completed Apprenticeship Course under the Apprenticeship Act 1961, during the period 2013-14, from the Railways itself. The aforesaid information was specifically given by the Applicant, for the reason that there was reservation to the extent of 20% for the post for the candidates who have completed the Apprenticeship Course under the Apprenticeship Act. Before the result of the CBT could be published, the respondents issued a notice dated 13.04.2022, in which it was explained that the existing provision pertaining to grant of 20% of reservation to the CCAA (Course Completed Acts Apprentices) trained in a railway establishment shall be continued. It was further stated that special weightage shall be given to the CCAA (Course Completed Acts Apprentices) trained in railway establishments, in as much as they would be given one third of the marks obtained by them in CCAA, towards 5 preparation of the final merit list. Further, it was categorically stated in the notice dated 13.04.2022 that the candidates who have already been given training on the railway establishments (CCAA) would be exempted from Physical Efficiency Test. Thus, such candidates who qualified in the CBT and came within merit/short-listing were to be allowed directly to appear for document verification (Annexure A-4).
IV. The tentative date for conducting the Computer Based Test (CBT) was in September-October 2019, which was actually conducted on 18.09.2022, after a gap of more than 3 years. Thus, it was not possible for the applicant to have kept a watch on the website of the Railway Recruitment Board, for such a long period, more so, when in the advertisement, it was categorically stated that the candidates shall be given such information through their email ID or SMS on their mobile number registered with the respondents. Vide the notice dated 22.04.2022 (Annexure A-5), the candidates were directed to feed NCVT Marks, so that they may be given weightage of marks for the NCVT. However, the said notice did not come to the notice of the applicant, as he could not view the aforesaid website regularly over the past more than three years. On the other hand, the respondents 6 did not send such information to Applicant through email or SMS. Through another public notice dated 08.09.2022 also put up on the website of the Railways, in which it was stated that those candidates, who could not do so earlier may upload their marks pertaining to NCVT examination. The said public notice also did not come to the notice of the applicant (Annexure A-5/1). Another public notice dated 27.12.2022 was also uploaded by the respondents on their website, pertaining to explaining the process of percentile based normalisation (Annexure A-6). The respondents published the result/scorecard of the applicant on its website, on 27.12.2022, which shows that normalised marks awarded to the applicant were 13.49630. However, at the foot of the aforesaid score card, there was no mention about marks awarded to the applicant, for possessing Apprenticeship (Annexure A-7). The applicant tried to view the website of the respondent Railways and sent the information about his passing the Apprenticeship on the related website of the respondents 04.01.2023 (Annexure A-8). On 27.12.2022, that the applicant also visited the office of the respondent No.3 Board and submitted a representation dated 30.12.2022 (Annexure A-
9), requesting therein that he may be granted the benefit of 7 having passed the Apprenticeship, by adding marks for the same, and thereupon he may be considered for recruitment to the post under reference. A notice was published RRC by the respondent No.2, on its website on 07.03,2023, in which it was stated that the document verification of the shortlisted candidates was scheduled to be held from 13.02.2023 to 15.03.2023 at the offices of the concerned Divisional Railway Managers, and it was stated therein that the concerned candidates may download the e-call letters etc. from the website. However, in the list enclosed with the aforesaid public notice dated 07.03.2023, name of the applicant was not incorporated for participating in the verification process (Annexure A-10). The applicant did not receive any information/response from the respondents, nor he was allowed to participate in the document verification process which was conducted during the period from 13.02.2023 to 15.03.2023. The applicant has submitted that till the date of filing of the O.A. panel of the selected candidates for the Northern Railway had not been notified.
3. The respondents have filed reply submitting therein that I. Centralized Employment Notice RRC-01/2019 was issued on 23.02.2019 by the Railway Recruitment Board, Bhopal, as the nodal RRB (functioning under the Ministry of Railways, 8 Railway Board) on behalf of all Railway Recruitment Boards (RRBs) of the country inviting ONLINE applications from eligible Indian National for filling the vacancies of various posts in Level-1 of 7th CPC Pay Metrix. The ONLINE applications are invited by RRBs on behalf of RRCS from eligible Indian Nationals and other nationals as brought out at Para 4 of this CEN for various posts in Level 1 of 7th CPC Pay Matrix in various units of Indian Railways. Applications complete in all respect should be submitted ONLINE to the chosen Railway Recruitment Board till 23.59 hrs of 26.04.2019.
II. In the INSTRUCTIONS-ONLINE REGISTRATION & SUBMISSION OF APPLICATION (Para No.2) that Before filling up of the online application, candidates are advised to thoroughly read all the instructions and information in the CEN contained in this notification and available on the websites of RRBs. The selection procedures and other terms and conditions based on the rules and policy decisions issued by the Railway Board from time to time have been indicated in detail in the said Centralized Employment Notice RRC No. 01/2019 so that the candidates can carefully indicate their category wise, post wise, Railway/PU wise & RRB wise preference in the application. 9 All the candidates applied and participated in the recruitment process in response to the above instructions mentioned in the Centralised Employment Notice RRC 01/2019 and other terms and conditions based on the rules and policy decisions issued by the Railway Board from time to time. The applicant, Sh. Balwinder Singh has submitted his ONLINE Application form in response to above said Recruitment published vide Centralised Employment Notice RRC 01/2019. In his ONLINE application form in the column No.10 (HAVE YOU COMPLETED APPRENRICESHIP COURSE IN RLY) he has mentioned YES. It is clearly mentioned in (IMPORTANT INSTRUCTIONS-ONLINE REGISTRATION & SUBMISSION OF APPLICATION) vide Para No.7 that Eligibility of the candidates will be considered only on the strength of the information furnished in the ONLINE Application. Candidates need NOT send printouts of application or certificates or copies to RRBS concerned by post. If at any stage of recruitment or thereafter, it is found that any information furnished by the candidate in his/her application is false/incorrect or the candidate has suppressed any relevant information or the candidate does not satisfy the eligibility criteria for the post(s), his/her candidature will be rejected forthwith. Candidates can 10 modify the application particulars except Railway chosen, Email ID and Mobile Number, even after submission of application, but within the last date of submission of application, by paying modification fee. However, after the last date for submission of application, RRB/RRC shall not entertain any representation for modification of the information furnished in the application. On basis of application form, the applicant was mentioned as CCAA candidate.
III. After the agitations around the country on the recruitment process, Ministry of Railways in terms of Order No.ERB- 1/2022/23/06 dated 26.01.2022 has constituted a committee to examine the concerns of candidates of CEN 01/2019 (NTPC) and CEN RRC-01/2019 (Level-1). The decision of the Committee was published on the RRBS websites through Link dated 10.03.2022 (R-1) for information to the all candidates (in regards to CEN RRC- 01/2019) as follows: CEN RRC-01/2019 (Level-1) will be a single stage exam. There will be no second stage CBT. RRC wise CBT will be held for Level-1. Also maximum available capacity is recommended to be used, to significantly reduce the number of shifts involved for each RRC and to speed up the examination process. It has been decided to follow 11 revised methodology with special conditions for conduct of CBT for Level-1 due to elimination of 2nd stage CBT etc. This will involve mobilising of additional infrastructure and logistics to conduct CBT for Level-1 with significant increase in per shift requirement. Efforts will be made to have the exam conducting agency (ECA) on board to conduct the CBT for Level-1 as early as possible. Hence, CBT for Level-1 is planned to be held tentatively from July 2022 onwards. As per above decision of high-power committee, RRBs has issued a Corrigendum and Amendment Notice No.5 through the Websites vide link dated 22.04.2022 that With reference to the Detailed Centralized Employment Notice (CEN) No.RRC-01/2019 published on the official websites of RRBs, following changes are made SN. Item No. To be read as/amended as
1. Para 12.0 Add New Para 12.4: The Course Completed Act Railway Act Apprentices will of be given due weightage for Apprentices the marks obtained in National Council of (Page 17,18) Vocational Training (NCVT) examination such that one third of the marks in preparation of the final merit list after conduct of CBT shall be based on the marks obtained in National Council of Vocational Training (NCVT) examination.
2 Para 12.0 Add New Para 12.5: The Course ACT RAILWAY ACT APPRENTICES Completed Act Apprentices will APPRENTICES be exempted from Physical Efficiency Test. Add (Page 17,18) New Note (3) under Para 14.2: The Course & Para 14.02 TEST Completed Act Apprentices will be PHYSICAL exempted from Physical Efficiency Test.
EFFICIENTCY
TEST (PET)
12
(Page 19, 20)
of detailed
CEN
IV. Thereafter, the Railway Recruitment Boards has issued a notice regarding extension in last date for feeding NCVT marks for CCAAs dated 22.07.2022 that Para No.2 Course Completed Act Apprentices (CCAAs) trained in Railways candidates should upload their details of marks pertaining to NCVT examination through the link provided in the official website of respective RRBs. This link is for those CCAAs who had completed their Apprenticeship (in Railway Establishment) on or before last date for registration of online application for this CEN i.e. on or before 12.04.2019. They were to fill up the required detail in the submitted ONLINE application. The link for feeding NCVT marks has been provided in the website of respective RRBs. The link will be available up to 18.00 hrs of 31.07.2022. V. Through link/Notice dated 31.07.2022 (R-3) it was informed to all the candidates of Centralized Employment Notice RRC No.01/2019 that (Para No.1) in reference to Railway Recruitment Boards notice (Corrigendum & Amendment No.5) dated 22.04.2022 and 22.07.2022, the live availability of link for feeding NCVT marks for CCAAs trained in Railway Establishment is upto 18.00 hrs of 31.07.2022, 13 which is now extended for further 10 days. Now, the link will live up to 18.00 hrs of 10.08.2022. If the candidate fails to feed their NCVT marks, weightage of marks shall not be given to them. Thereafter one more opportunity granted to all the candidates of Centralized Employment Notice RRC No.01/2019 before written examination i.e. Computer Based Test through link/Notice dated 08.09.2022 that (para No.1) In reference to Railway Recruitment Boards notice (Corrigendum & Amendment no.-5) dated 22.04.2022, it is to inform that CCAAS trained in Railway Establishment shall be given due weightage of marks obtained in their NCVT examination in preparation of final merit list after conduct of CBT. The link was made live from 22.07.2022 to 10.08.2022 for Course Completed Act Apprentices (CCAAs) trained in Railways candidates to upload their details of marks pertaining to NCVT examination. This link was live for those CCAAs who had completed their Apprenticeship (In Railway Establishment) on or before last date for registration of online application for this CEN i.e. on or before 12.04.2019 (Cut-off date for completion of Apprenticeship) and filled up the required details in the submitted online application. Some candidates who have declared their qualification as ITI/NAC or CCAA in the 14 application form but have not ticked the column of being CCAA from Railways, they could not upload their marks pertaining to NCVT examination. Now, a modification link will once again be provided on all the official websites of participating RRBS to those candidates who have declared their qualification as ITI/NAC or CCAA but have not selected the column of being CCAA from Railways (on or before 12/04/19) as they were earlier not sure that RRB will provide weightage to them. This link will give the last chance to all the eligible candidates to fill CCAA data including marks pertaining to NCVT examination. Link will be live for two days only i.e. on 12.09.2022 & 13.09.2022. If the candidates fail to fill their NCVT marks, weightage of marks shall not be given to them.
VI. Sh. Balwinder Singh Roll No.174194171925267 (applicant), was one of the candidates who appeared along with other candidates, numbering 3,43,132 for written examination in RRB Chandigarh jurisdiction for Computer Based Test on 18.09.2022 and earned normalised marks 13.49630 (Annexure A-7) On the basis of marks earned and terms & condition mentioned in the concerned Centralised Employment Notice RRC 01/2019 and other terms & conditions based on the rules and policy decisions issued by 15 the Railway Board from time to time, applicant was not found suitable for next step of Recruitment. The applicant had submitted his application as CCAA candidate but never filled the CCAA data including marks pertaining to NCVT examination for due weightage as a CCAA candidate. After declaration the result of CBT, the applicant has represented to Railway Recruitment Board office through application, emails and physical appearance. He has been informed that recruitment process is ONLINE and applicant has not completed his recruitment process by not filing the NCVT marks in stipulated time for weightage as CCAA candidate. VII. All RRBs/RRCS have uniformly followed the essence of the above notification and based on RRBs/RRCs wise, merit position and preference of the posts, all the eligible candidates have been placed in the final provisional panel of CEN RRC- 01/2019. That all the process of recruitment in any Centralised Employment Notice (CENS) is going to be conducted ONLINE basis. Candidate, who has not even completed recruitment process, is claiming the relief from this Bench after declared unsuitable, which is against the principal of natural justice and it will be grave injustice to the candidates who have completed their ONLINE selection process. The present application is also liable to be 16 dismissed as it is settled law that the rules of the game cannot be changed midway. It is submitted that the Applicant was aware that he has not completed his recruitment process by not filing the NCVT marks in stipulated time for weightage as CCAA candidate. That now the Applicant is attempting to change the same. That the same is impermissible. It is submitted that entertaining the pleas of the Applicant would be highly unfair and arbitrary, especially to the numerous others who were successful in the examination. It would not be out of place to mention that interfering at this belated stage would create grave prejudice to the rights and contentions of the numerous other candidates who have been selected and have been found meritorious. That therefore the same would set a wrong precedence.
4. The respondents have filed additional affidavit dated 29.07.2023 wherein the management in compliance to this Tribunal's order dated 19.07.2023, directing the respondents to place on record correspondence via Email / SMS made between RRB and the applicant before 05.09.2022, in respect of uploading of marks has placed relevant details on record. The affidavit states that the application management agency had 17 forwarded a SMS to candidate's registered mobile no.9501565904 on 23.07.2022 15:18 and status of SMS is delivered. Further, application management agency also forwarded an email on 23.07.2022 to the candidate's registered email id. Agency has also informed that due to lapse of time detail of email communication cannot be provided. Application management agency has also confirmed that total number of candidates who selected Apprenticeship-Railway as "Yes" in online application date and not updated on the last date their NCVT mark is 4840. It has further been stated that the Centralized Employment Notice RRC-01/2019 was published through RRBs website and all the process of recruitment was going on through Online basis and information relating to recruitment was also provided to all the candidates through website.
5. The applicant in reply has also filed additional affidavit dated 29.07.2023 stating therein that:-
I. during the hearing of this case, some communication received from RRB CDG, addressed to Counsel for Union of India, stating that as regards Annexure A-8, the candidate may have used some spam URL on 04.01.2023, and taken a printout after filling up marks details, has been placed on record and that too without producing any 'LOG HISTORY' 18 qua the applicant. The aforesaid contention raised by the respondent is patently false and misconceived, because if it had been the case of spam URL, the applicant would not have received a detailed reply/information/response vide Annexure A-8 against the ID Number of the applicant with the Reference Number of the said date. On repeated requests by the applicant, the server was activated for some period to enable the applicant to fill up his marks details. Otherwise too, the stand now being taken by the respondents by referring to the aforesaid document/communication, as well as through the additional affidavit dated 21.07.2023 filed by them, is totally inconsistent with the contents of para No.12, 13 and 14 of their detailed reply to the Original Application. The respondents are thus, trying to make improvements in their stand.
II. In para No.20 of "Preliminary Submissions of their detailed written statement, the respondents have rightly stated that the rules of the game cannot be changed midway. It is pertinent to state that in the initial advertisement, there was an indication about reservation of some seats in for CCAA candidates. There was no provision for giving extra marks for those who had completed the CCAA course. Such 19 provision for extra marks for CCAA course could not have been incorporated midway of the recruitment process. Thus, it would be in the interest of justice that marks/merit list of all the candidates who have been awarded marks for CCAA be notionally revised by detecting/excluding the marks given for the CCAA course and the applicant, in case he comes in merit, for the seats reserved for CCAA candidates, his case may accordingly be considered for conducting the scrutiny of his CCAA certificate, and for giving him the appointment as a CCAA candidate against the seats reserved for them.
III. Vide instruction No.4 of the "Important Instructions"
contained advertisement Annexure A-1, the candidates were directed to keep their own mobile number & valid and active personal email ID, and keep them active for the entire duration of recruitment as RRBs/RRCS shall send all recruitment Communication ONLY through SMS ANDE-MAIL till the recruitment Process is completely over However, in their written statement as well as additional affidavit, the respondents have failed to substantiate in favour of any e- mail communication sent to the applicant, with any documentary proof, informing the candidates that various notices which are stated to be uploaded on the website, 20 were sent by them to the candidates through email as well. Thus, on account of utter failure on the part of the respondents to effectively communicate with applicant through SMS &E-MAIL regarding the various notices issued including the notices issued for inviting the applicant to participate in the Document Verification Process, the benefit of doubt should be extended to the applicant, and he should be granted an opportunity to produce his certificate in support of his having passed CCAA course.
IV. The respondents have admitted in para no.3 of their additional affidavit that as many as 4840 candidates who had earlier confirmed having passed the apprenticeship course from the Railways, in the online applications, could not upload their NCVT marks till the last date. Thus, the aforesaid alarming situation was created on account of the failure of the respondents to effectively communicate with applicants, through SMS and E-mail system. The benefit of such failure on the part of the respondents should be extended to the applicant, and in case at this stage, the respondents express their inability to award marks for CCAA course to the applicant, the other course available to the respondents in the facts and circumstances of the instant case, would be to notionally revise the result/merit of all the 21 candidates who have passed CCAA course, by excluding the marks given for NCVT, in order to give them justice, in the facts and circumstances of the instant case.
6. We have heard learned counsel for the parties and also considered submissions of both the applicant and the respondents. The contention of the applicant is that as per advertisement issued in 2019, all communications were to be sent through SMS and Email till the recruitment process is completed and respondents have failed to substantiate Email communication sent to the applicant through documentary proof. But facts as mentioned in para 4 supra clearly indicate that SMS & email was sent. Applicant has also not denied receipt of SMS.
7. We find that the information was regularly put in public domain on the website of the Railway Recruitment Board as also admitted by the applicant. His contention that he could not upload NCVT marks because of lack of personal communication is very weak in light of his conduct as last date of uploading was 13.09.2022 and the applicant appeared on 18.09.2022 merely 5 days later for CBT. We find he was aware that he has not been able to complete his online process to upload NCVT marks and then to say was not able to see the website regularly is surprising. The 22 applicant has also said that public notice (Annexure A-5/1) did not come to his notice. However, as per Annexure A-7, it is clear that he was aware of his result/score card as published on the website on 27.12.2022. He has also been visiting office of respondent No.3 and also submitted representation dated 30.12.2022 (Annexure A-9) seeking permission to participate in verification process.
8. We find respondents have placed on record internal communication from the agency which states that details of candidates who have uploaded their marks through official link have been saved in the server but not of the applicant, so perhaps it was a SPAM site. We find the official link for uploading marks was active till 13.09.2022 and no other candidate other than applicant has perhaps uploaded marks on 04.01.2023. If it was genuine site at least some candidates out of 4840 would have also accessed the same and their marks would have been saved too. Further on one hand applicant says it was not possible to keep watch on portal yet he is periodically participating in on line process including appearing for the test.
9. The conduct of the applicant, in our view, clearly shows that he was aware of the entire process and the dates being followed for online recruitment process which are 23 available in public domain. There is inconsistency on part of applicant and no explanation as to why he did not regularly see the website for information except that it is not possible to do so over three years period. Instruction number 1.9 said dates of examination will be published on website. This advertisement was issued on 23.02.2019 and exam was held on 18.09.2022 and the applicant appeared for the exam so if he did not regularly see website how could he appear for the exam? Also what about the other candidates who did see website in this period? If they could, why couldn't the applicant? His contention above therefore does not have strength as his conduct does not support it.
10. Applicant has also submitted that as many as 4840 candidates could not upload their NCVT marks till the last date and hence benefit of such failure on part of the respondents should be extended to the applicant. We find this contention of the applicant that 4840 candidates could not upload their NCVT marks and hence process was flawed and needs interference of this Tribunal is also misconceived.
11. We find equal opportunities were given to all the candidates by putting information in the public domain and 24 even sending email and SMS to the applicant. We find all 4840 candidates who could not upload their NCVT marks were treated in the same manner and there does not appear to be any arbitrariness in the treatment to the applicant. Out of 4840 candidates, one candidate cannot be now given special treatment. Further, it would also be unfair to all the candidates who followed the online process and were declared successful.
12. Thus, we find no arbitrariness in selection process and no reason for Tribunal to interfere in the matter. The relief sought to conduct document verification and determine his merit for selection cannot be accepted at this stage when the entire online process is over. As evident from the conduct of the applicant, he was participating in online process and was also aware of important dates being put out in public domain. He also received SMS and email communication. In the circumstances, we find, the O.A. being devoid of merits and is dismissed. No costs.
(RASHMI SAXENA SAHNI) (RAMESH SINGH THAKUR) MEMBER (A) MEMBER (J) /kr/