Central Administrative Tribunal - Allahabad
Akash Shukla vs Railway Recruitment Board on 20 February, 2024
OA No. 1486 of 2017
Reserved
(On 12.02.2024)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH
ALLAHABAD.
Dated: This the _20th day of _February_ 2024
Hon'ble Mr. Justice Rajiv Joshi, Member (J)
Hon'ble Dr. Sanjiv Kumar, Member (A)
Original Application No. 1486 of 2017
Akash Shukla, S/o Sri Madhav Prasad Shukla, a/a 28 years, R/o H. No.
4/2, Triveni Nagar, Naini, District Allahabad.
. . .Applicant
By Adv: Shri Satish Sahu
VERSUS
1. Union of India through its G.M. NCR, Allahabad.
2. The Chairman, Railway Recruitment Board, Allahabad.
3. The Chairman, All India Council for Technical Education, Nelson
Mandela Marg, Vasant Kunj, New Delhi.
. . . Respondents
By Adv: Shri Ajay Kumar Rai
ORDER
By Hon'ble Dr. Sanjiv Kumar, Member (A) The instant OA has been filed under Section 19 of the Administrative Tribunals Act, 1985 seeking relief to set aside the impugned order dated 08.09.2017 issued by respondent No.3, and direct the respondents to call for entire record pertaining to the applicant, and to pass any other suitable order deemed fit and to award cost.
2. The brief facts of the applicant is that pursuant to the advertisement notification No. 01/2014 dated 18.01.2014 issued by the Railway Recruitment Board (RRB) for the post of Assistant Loco Pilot and Technician Categories, the applicant applied for the post of Assistant Loco Pilot. The applicant fulfils all the eligibility conditions, he appeared in the written examination conducted by RRB on 15.06.2014. On 18.09.2015, Page 1 of 8 OA No. 1486 of 2017 the applicant was called for the psycho analysis test and successfully cleared the same and the last and final process of the selection was document verification for those who have cleared the above two levels and the applicant was one amongst them. The applicant appeared before the RRB for document verification on 22.03.2017, but his candidature was denied on the sole ground that Mechanical (Aircraft Maintenance Engineering) is not a recognized diploma course and Indian Railways does not require candidates from this torrent.
3. The applicant states that it is pertinent to mention here the Diploma in Mechanical (Aircraft Maintenance Engineering) is a well recognized course and approved by All India Council of Technical Education and it is at par with Mechanical Engineering. The applicant has earned this diploma from a recognized institution, which is duly approved and recognized by DGCA, Ministry of Civil Aviation, Govt. of India. The applicant further argue that it is purely a mechanical course only in addition to some subject deals with aerodynamics, avionics etc. which is completely compatible for the post of Assistant Loco Pilot. He points out that the said notification dated 18.01.2014 No. 01/2014 mention that diploma in mechanical engineering is required for the Assistant Loco Pilot post. As he has eligibility and he has cleared the two levels of testing hence, rejecting his case at the stage of document verification was wrong.
4. The applicant further says that similar controversy has been raised in OA No. 989/2016 - Sonu vs. Union of India and others, wherein after considering the same stand as taking in this OA this Tribunal has passed the interim order in favour of the applicant and the respondents had preferred stay vacation application (MA No. 3561/2016) and after considering the stand taken by the respondents a detailed order has been Page 2 of 8 OA No. 1486 of 2017 passed by this Tribunal to which the said MA was rejected by the order dated 26.05.2017 and the interim order was never challenged by the respondents in any higher forum. Hence, the order dated 02.08.2016 achieves the finality. And the entire action of the respondents are violative of Article 14 and 16 (1) of the Constitution of India and hence, the OA of the applicant should be allowed.
5. On notice the respondents have filed their counter affidavit wherein they agree to the basic facts. They further say that the Railway Board constituted a Committee to review the recruitment qualification to various Group „C‟ posts in Mechanical and Electrical Engineering department. The recommendations of the committee were accepted by the Railway Board and revised qualifications of the various categories were notified vide letter dated 03.08.2001. And vide their letter dated 29.06.2006 the Railway Board clarified that no change / modification in the prescribed qualification is allowed. Only candidates who are in possession of qualification in line with qualification prescribed by Ministry of Railways (Railway Board) shall be allowed to take the examination and the candidates possession allied or related qualification should not be allowed to take written examination and their application should be rejected at the time of initial scrutiny.
6. The RRB Mumbai vide centralized Employment Notice No. CEN No. 1/2014 had notified vacancies for the post of Assistant Loco Pilot. Shri Akash Shukla applied for the post of Assistant Loco Pilot, Category
01. And requisite qualification for the post of Assistant Loco Pilot were notified under the same notification as, "Matriculation plus a Course completed Act Apprenticeship / ITI approved by NCVT / SCVT in the trades of Fitter / Electrician / Instrument Mechanical / Millwright Page 3 of 8 OA No. 1486 of 2017 Maintenance Mechanic / Mechanic Radio and TV / Electronics mechanic / Mechanic Motor Vehicle / Wireman / Tractor Mechanic / Armature & Coil Winder / Mechanic Diesel / Head Engine / Turner / Machinist / Refrigeration & AC Mechanic OR Diploma in Mechanical / Electrical / Electronic / Automobile Engineering recognised by AICTE in lieu of ITI". The respondents further say that qualification of the applicant that three years Air Craft Maintenance Engineering Training Course is not the qualification prescribed in the notification in question and not in line with qualification prescribed by the Railway Board.
7. The applicant had filled his technical qualification under column No. 14 of the application form as Diploma in Mechanical on the basis of which he was called for written test. The applicant has not mentioned his correct qualification i.e. Training in Air Craft Maintenance Engineering otherwise his application would have been rejected at the initial scrutiny only. And the acquired qualification of the applicant is not the same as the qualification prescribed in the notification by the Railway Board and therefore the candidature of the applicant has been rejected for the post of Assistant Loco Pilot. And as per the qualification written on the application the applicant was called for the written examination, although the applicant qualified in the written examination then he was called for aptitude test. He qualified in the aptitude test and thereafter he was called for document verification on 22.03.2017 and at the time of document verification, while checking the original certificates it was notices that the applicant had acquired training certificate in Air Craft Maintenance Engineering (AME) which is not the same as per the qualification prescribed for the post of Assistant Loco Pilot as notified in CEN No. 01/2014.
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8. As such the candidature of the applicant was cancelled as per rules in terms of para 6.07 of the notification under invalid application for not possessing the prescribe qualification for the post on the date of application. And the Railway Board declared final result and similarly situated other candidate‟s candidature were also cancelled on the basis of not possessing the requisite qualification prescribed for the post of Assistant Loco Pilot in terms of para 6.07 of the notification CEN No.01/2014. Candidates in possession of qualification in line with qualification prescribed by Ministry of Railways were considered for empanelment as per merit and candidate possessing allied or related qualification were rejected and were not empanelled on the result declared on 05.01.2017. And as per para 13.03 of the notification CEN No. 01/2017 RRB reserve the right to reject the candidature of any applicant at any stage of the process of recruitment, if any irregularity / deficiency is notices in the application and as per para 13.05 of the notification the decision of RRB in all matter relating to eligibility, acceptance or rejection of applications, issued of free Rail Passes, penalty for false information, mode of selection, conduct of written examination, allotment of examination centres, selection, allotment of posts to selected candidates etc. taken as per the terms and conditions stipulated in the notification is final and binding on the candidates. Hence, there is no merit in the OA and the same needs to be rejected.
9. The applicant has filed his rejoinder where he reiterated the facts as in the OA. And he says that he is eligible as he has done Mechanical Engineering and his course is recognized by All India Council of Technical Education which was a prescribed eligibility for Assistant Loco Pilot post. And as only his course is something more than Mechanical Engineering Page 5 of 8 OA No. 1486 of 2017 as it has in addition Aero Dynamic and Aviation etc. Hence, he is eligible and the respondents have wrongly rejected his case.
10. The case came up for final hearing on 12.02.2024. Shri Satish Sahu, learned counsel for the applicants and Shri Ajay Kumar Rai, learned counsel for the respondents were present and heard. We have gone through the records carefully and considered the rival contentions.
11. From the record it is evident that Centralized Employment Notice No. 01/2014 for Assistant Loco Pilot and Technical Categories published on 18.01.2014 mentions following as the minimum education qualification for the purpose of Assistant Loco Pilot mentions following:-
(i) Matriculation plus Course completed Act Apprenticeship / ITI approved by NCVT / SCVT in the trades of Electrician / Electrical Fitter / Wireman / Electronics / Information Technology / TV & Radio / Instrumentation / Computer / Computer Networking / Data Networking OR (ii) 10 +2 with Physics and Maths OR (iii) 3 years Diploma in Engineering in Electrical/ Electronics / Microprocessor / TV Engineering / Fibre Optical Communication / Tele Communication / Communication / Sound & TV Engineering / Industrial Control / Electronic Instrumentation / Industrial Electronics / Applied Electronics / Digital Electronics / Power Electronics/ Information Science / Information Technology / Computer Application/Computer Engineering/ Computer Science / Computer Technology from a recognized Institution approved by AICTE in lieu of ITI.
Note: Candidates having higher Educational qualification in Mechanical / Electrical / Electronics / Automobile Engineering recognized by AICTE are also eligible."
12. Simple reading of this employment notice and minimum educational criteria is a very specific requirement. The applicant claims that he has the said qualification and he has filed his certificate which is at page 26 and 27 of the OA. We have carefully gone through the certificate dated 29.11.2010 which shows that it is a certificate for a course approved by DGCA, Ministry of Civil Aviation, Govt. of India vide their letter DGCA letter No. DAW/HAAME/F - App/1027 of 14 Sep 2007 AI(2), but no where it mentions that it is an AICTE or NCVT or SCVT approved course and that it is equivalent to Mechanical Engineering course equivalent to anything approved by AICTE for even SCVT or NCVT. Similarly, the Page 6 of 8 OA No. 1486 of 2017 certificate issued by Hindustan Academy of Aircraft Maintenance Engineers dated 24.03.2017 at page 26 of the OA relied by the applicant, which is No. HAAME/2016-17/04 also does not disclose that it is a course approved by AICTE or NCVT or SCVT and equivalent to Mechanical Engineering course. It only mentions that following:-
"HAAME/2016-17/04 DATE-24.03.2017
TO WHOM IT MAY CONCERN
This is to certify that Mr. Akash Shukla S/o Mr. Madhav Prasad Shukla (Enrolment No. B11/S- 07-W-09/737C) was a bonafide student of HINDUSTAN ACADEMY OF AIRCRFAT MAINTENANCE ENGINEERS, th LUCKNOW, INDIA from Batch-11 .
He has successfully completed AIRCRFAT MAINTENANCE ENGINEERING (AME) in Mechanical stream (RA & Jet Engine) on Regular mode (full time) of three years duration i.e. September 2007 to December 2010. This comprehensive technical course is purely Mechanical Stream of AME Course. All Semester examinations were held in LUCKNOW (Institute), scheduled and supervised by Regional Airworthiness Office of Directorate General of Civil Aviation.
Further certify that it is three year ab-initio regular course under Ministry of Civil Aviation, Govt. of India.
The medium of language of instruction for the entire course was ENGLISH. His conduct and character was good during the regular study. I wish him all the success in his life."
13. Simple reading of the above does not make this course equivalent to Mechanical Engineering course either approved by AICTE or NCVT or SCVT. Further, the applicant has cited in support of some downloads from the site of Government of India, All India Council for Technical Education (AICTE) which interalia other things mentions Mechanical Engineering and Allied course at item No. 14 as Aircraft Maintenance Engineering. This may indicate that some sort of Aircraft Maintenance Engineering may be a course which is a specialised Mechanical Engineering and Allied course but the document does not show any relationship between this AICTE website and the certificate which he has obtained from Hindustan Academy of Aircraft Maintenance Engineers dated 29.11.2010, whereby Shri Akash Shukla (the applicant) has successfully completed three years full time AME training course duly approved by the Director General of Page 7 of 8 OA No. 1486 of 2017 Civil Aviation, Government of India after having passed all the subject in the semesters examination, during the period September 2007 and September 2010. As the said certificate does not disclose any relationship that it has been approved by AICTE or NCVT or SCVT. Hence, the said training automatically does not become equivalent to or higher than the course as was referred in the column of minimum educational qualification in the CEN No. 01/2014 dated 18.01.2014 for Assistant Loco Pilot and Technician Category particular for Assistant Loco Pilot.
14. The applicant has failed to show any document or any other evidence that his certificate course or training for three years with Hindustan Academy of Aircraft Maintenance Engineers was either equivalent to any of the courses listed as minimum educational qualification of Assistant Loco Pilots. Hence, we have no doubt in our mind that applicant has failed to convince us about his case and applicant has failed to substantiate his averments that the certificate which he possessed; to be either same or more than Mechanical Engineering course approved by the AICTE or NCVT or SCVT. Considering the same we pass following orders:
"The OA is dismissed". All associated MAs, if any, also stand disposed of accordingly. No costs".
(Dr. Sanjiv Kumar) (Justice Rajiv Joshi)
Member (A) Member (J)
/Piyush/
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