Karnataka High Court
Mr Pavan K vs Bangalore Metro Rail Corporation ... on 25 January, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
-1-
NC: 2025:KHC:3380
WP No.8208 of 2024
C/W WP No.28577 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO.8208 OF 2024 (S-RES)
C/w.
WRIT PETITION NO.28577 OF 2023 (S-RES)
IN W.P.NO.8208/2024
BETWEEN:
SRI VINAY KUMAR
S/O H.G.KUMAR
29 YEARS,
R/A: NEW 17 (OLD NO.76),
3RD MODEL HOUSE STREET,
NEAR NAGASANDRA CIRCLE,
BASAVANAGUDI, BANGALORE SOUTH,
BANGALORE, KARNATAKA - 560 004.
... PETITIONER
(BY SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR
SMT.SIRI RAJASHEKHAR, ADVOCATES)
Digitally
signed by AND:
VIDYA G R
Location: 1. BANGALORE METRO RAIL
HIGH COURT
OF CORPORATION LIMITED (BMRCL)
KARNATAKA BMTC COMPLEX, 3RD FLOOR,
K.H.ROAD, SHANTI NAGAR,
BANGALORE - 560 027.
REPTD. BY ITS MANAGING DIRECTOR.
2. THE GENERAL MANAGER,
BANGALORE METRO RAIL
CORPORATION LIMITED,
BMTC COMPLEX 3RD FLOOR,
K.H.ROAD, SHANTI NAGAR,
BANGALORE - 560 027.
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NC: 2025:KHC:3380
WP No.8208 of 2024
C/W WP No.28577 of 2023
... RESPONDENTS
(BY SRI. VIKRAM HULIGOL, SENIOR ADVOCATE FOR SRI. K. KRISHNA, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO A) ISSUE A WRIT OF CERTIORARI TO QUASH THE 'PROVISIONAL SELECTED LIST AFTER PSYCHOMETRIC TEST (MAIN LIST)' FOR THE PAST OF STATION CONTROLLER / TRAIN OPERATOR' PUBLISHED BY THE 1ST RESPONDENT ON THEIR WEBSITE ON 16.12.2023, VIDE NOTIFICATION NO.BMRCL/O&M/C-32065/R-02/2023, DATED. 22.03.2023, AT ANNEXURE-L. B) ISSUE A WRIT OF CERTIORARI TO QUASH AND SET ASIDE THE RESULT OF PSYCHOLOGICAL APTITUDE TEST-22ND NOV 2023' FOR THE POST OF "STATION CONTROLLER /TRAIN OPERATOR' DATED: NIL, PUBLISHED BY THE 1ST RESPONDENT ON THEIR WEBSITE ON 16.12.2023, (ANNEXURE-M).
C) ISSUE A WRIT MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTION TO THE RESPONDENT TO EITHER WITHDRAW THE RESULT OF THE PSYCHOMETRIC TEST CONDUCTED ON 22.11.2023 FOR THE PURPOSE OF RECRUITMENT TO THE POST OF STATION CONTROLLER / TRAIN OPERATOR' OR CONDUCT PSYCHOMETRIC TEST AFRESH; AND IN SO FOR AS PETITIONER CONCERN.
-3-NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 IN W.P.NO.28577/2023 BETWEEN:
1. MR. PAVAN K S/O KUMARAPPA AGED ABOUT 30 YEARS, NEERAGUNDA VILLAGE, SANEHALLI POST, HOSADURGA TALUK CHITRADURGA DISTRICT - 577 515.
2. MR. NAVEENKUMAR T.K., S/O SRI KARI GOWDA, AGED ABOUT 31 YEARS, R/AT: THIMMASANDRA VILLAGE, LALAGATA POST, CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160.
3. MR. RAKESHA P. S/O SRI PARAMESHWARAPPA P AGED ABOUT 33 YEARS, R/AT: DOOR NO.58, T. GOPAGONDANAHALI, MADIKECHILUR POST, NYAMATHI TALUK, DAVANAGERA DISTRICT - 577 216.
4. MR. VINAYAKUMAR N. S/O SRI NINGAPPA AGED ABOUT 25 YEARS, R/AT: HORABAILU VILLAGE, B.DODDERI POST, SORABA TALUK, SHIMOGA DISTRICT - 577 434.
5. MS. ASHWINI D/O YOGENDRA AGED ABOUT 29 YEARS, R/AT: #437 SECOND MAIN ROAD, FIRST A CROSS MATHIKERE, EXTENSION MATHIKERE, -4- NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 BENGALURU - 560 054.
PERMANENT ADDRESS: POST JALASANGI, HUMNABAD TALUK, BIDAR DISTRICT - 585 418.
9. MR. MALLANAGOUDRA HANUMANTHGOUDA S/O SRI GOVINDAPPA M., AGED ABOUT 28 YEARS, R/AT: MATTURU VILLAGE, YARABALU POST, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT - 583 137.
8. MRS. SUJATA D/O SURYAPRAKASH AGED 36 YEARS, R/AT: #71, 3RD MAIN INCOME TAX LAYOUT, CHANDRA LAYOUT, BENGALURU - 560 040.
9. MR. SALLAPURAM ERRISWAMY S/O SRI S. LAKSHMANNA, AGED ABOUT 33 YEARS, R/AT: ROOM NO.G8/14, SHANKAR TOWN HILLS, TORANAGALLU P., SANDUR TALUK, BELLARY (D) - 583 123.
10. MR. AJAY M.C., S/O SRI CHANDRU M.R., R/AT: MUDAGERE VILLAGE AND POST: MALUR HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 160.
11. MR. RAVI KOLAR S/O SRI PARASAPPA KOLAR, AGED ABOUT 28 YEARS, R/AT: PO: HUNGUNDA TALUK, DISTRICT BAGALKOT - 587 118.
-5-NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
12. MR. BHEERAPPA IVANAGI S/O SRI HUCHECHESAB, AGED ABOUT 5 YEARS, R/AT: KANAKAL VILLAGE, KANKAL POST, HUVIN HIPARAGI HOBALI, BASAVAN BAGEWADI TALUK, VIJAYAPURA DISTRICT - 586 203.
13. MS. KUSUMA A.M. D/O SRI MAHALINGACHARI AGED ABOUT 21 YEARS, R/AT: ANNAHALLI VILLAGE, KEMBOOTHAGERE POST, KASABA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT - 571 430.
14. MR. HANUMANTHANAIK U S/O UMESHANAIK AGED ABOUT 29 YEARS, POOJARAHALLI THANDA, KHANAHOSAHALLI HOBLI, KUDLIGI TALUK, VIJAYANAGARA DISTRICT - 583 218.
15. MRS. DIVYA B. W/O LOKESHA AGED ABOUT 30 YEARS, R/AT: KODAMBAHALLI VILLAGE AND POST: CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138.
16. MS. RESHMA BADADALE D/O SRI HANAMANT BADADALE, AGED ABOUT 34 YEARS, R/AT VAJRA HANUMAN NAGAR BAGALKOT ROAD, IBRAHIMPURA RAILWAY STATION DISTRICT VIJAPURA, VIJAYAPURA - 586 101.
-6-NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
17. MR. RAGHAVENDRA P S/O PURUSHOTHAM AGED ABOUT 29 YEARS, R/AT: NO.12, 2ND A CROSS, C NAGAR, KURUBARAHALLI, MAHALAKSHMI LAYOUT POST, BANGALORE - 560 086.
18. MS. MADHUSHREE B.N. D/O NAGARAJU AGED ABOUT 24 YEARS, R/AT: BANAVARA VILLAGE, GONIMARUR POST SOMWARPET TALUK, KODAGU DISTRICT - 571 236.
19. MR. ANKOSH S/O SRI MALLIKARJUNA, AGED ABOUT 27 YEARS, R/AT:2/106 KANKATTA, KANKATTA POST, HUMNABAD TALUK, BIDAR DISTRICT - 585 353.
20. MS. ASHWINI B.G. D/O LATE GUDDAPPA, AGED ABOUT 21 YEARS, R/AT: BARAGURU, BARAGURU POST, SIRA TALUK, TUMAKUR DISTRICT - 572 113.
21. MR. KIRAN KUMAR K. S/O KRISHNAPPA N, AGED ABOUT 26 YEARS, R/AT: YARAKOTE VILLAGE, MURUGAMALLA POST & HOBLI CHINTAMANI TALUK CHIKKABALLAPURA DISTRICT, KARNATAKA - 563 146.
22. MS. RASHMI S.K. D/O KUMARA, R/AT: SRI RAMA NILAYA, VISHVESHWARAIAH LAYOUT, -7- NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 HOSA SIDDAPUR, SHIMOGA - 577 301.
23. MR. SUNILAKUMAR KASHINATH S/O KASHINATH, AGED ABOUT AT 26 YEARS, R/AT: KOLIHAL N TANDA POST, KOLIHAL TALUK, HUNASAGI DISTRICT YADGIR - 585 215.
24. MS. NANDINI V D/O VENKATESHAPPA AGED ABOUT 28 YEARS, PURA VILLAGE, KAKKUR POST, MALUR TALUK, KOLAR DIST - 563 160.
25. MR. SHIVARAJA S/O SRI SIDDAPPA, AGED ABOUT 31 YEARS, R/AT: NO.97/A, 1ST MAIN, 3RD CROSS CHAMUNDESHWARI, LAYOUT VIDDYARANNAPURA POST BANGALORE - 560 097.
26. MS. SHWETHA S.M. D/O MARIYAPPA AGED ABOUT 26 YEARS, R/AT: SUNNAGHATTA VILLAGE, HONGANOOR POST CHANNAPATNA TALUK, RAMANAGARA DISTRICT - 562 138.
27. MR. UMASHANKAR D S/O DEVARAJ AGED ABOUT 41 YEARS, R/AT: # 18/6, 15TH CROSS BHUVANESHWARINAGAR, MAGADI ROAD, BENGALURU - 560 023.
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28. MR. RAMACHANDRA H.C. S/O SRI CHIKKAMARISHETTY AGED ABOUT 28 YEARS, R/AT: NO.HOSADURGA VILLAGE, KODIHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT HOSADURGA POST : 562 119.
29. MR. ARUNKUMAR M.N S/O SRI NATHAPPA AGED ABOUT 27 YEARS, R/AT: # 113, MENASIGANAHALLI, CHANNAPATTANA TALUK, RAMANAGARA DISTRICT - 562 138.
30. MS. CHAITHRA D.G. D/O C.GANGADHARAIAH, AGED ABOUT 25 YEARS, DASIHALLI, THAMMADIHALLI(POST), CHIKKANAYAKANAHALLI (TALUK), TUMKUR DISTRICT - 572 119.
31. MR. MANAPPA S/O GURAPPA AGED ABOUT 28 YEARS, R/AT: # 23, HANCHINAL S.A., POST HARNOOR, JEWARGI TALUK, KALABURAGI DISTRICT - 585 310.
32. MS. UMA N. W/O ASHOK S. AGED ABOUT 30 YEARS, VIJALAPURA VILLAGE, VEERUPAKSHI POST, MULBAGAL TALUK KOLAR DISTRICT - 563 131.
... PETITIONERS (BY SRI. PARASHURAM M.L., ADVOCATE) -9- NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 AND:
1. BANGALORE METRO RAIL CORPORATION LIMITED (BMRCL) BMTC COMPLEX, 3RD FLOOR, K.H.ROAD, SHANTI NAGAR, BANGALORE - 560 027.
REPTD. BY ITS MANAGING DIRECTOR.
2. THE GENERAL MANAGER, BANGALORE METRO RAIL CORPORATION LIMITED, BMTC COMPLEX 3RD FLOOR, K.H.ROAD, SHANTI NAGAR, BANGALORE - 560 027.
3. SRI HARISH MURTHY H.N. S/O NARASIMHA MURTHY AGED ABOUT 28 YEARS, NOW R/AT: NO.142, HYADALU, MYLANAHALLI, NELAMANGALA TALUK BENGALURU RURAL, BENGALURU - 562 123.
4. SRI MAHANTESH MAHADEV DIVANMAL S/O MAHADEV AGED ABOUT 33 YEARS, R/AT: NO.3045, KUMBARGALLI, ATHANI, KARNATAKA - 591 304.
5. SRI PRAKASH S. BHASAGI S/O LATE SHIVALINGAPPA AGED ABOUT 27 YEARS R/AT: POST GUNDAGI, SINDAGI TALUK, VIJAYAPURA - 586 202.
6. SRI ABDUL RAFI BAGALKOT S/O AMINUDDIN BAGALKOT AGED ABOUT 35 YEARS R/AT: NO.843, NEAR SAVAJI GIRANI,
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 JAVALI PLOT, GANJENDRAGAD, GADAJ 582 114.
7. SMT. RASHMI L S/O GURUPRASAD W.M., AGED ABOUT 33 YEARS R/AT: NO.52, II FLOOR, BHARGAV RESIDENCY, 2ND MAIN ROAD, 3RD CROSS, KEB LAYOUT SANJAYNAGAR, BENGLAURU - 560 094.
8. MS. SHWETHA S D/O SHRIRAM AGED ABOUT 26 YEARS R/AT: NO.10, KAMMADHENU NILAYA, 4TH CROSS, C.S.R.LAYOUT, LAKSHMIPURA CROSS, VIDYARANYAPURA POST, BENGALURU - 560 097.
9. SMT. VIJAYALAXMI DATA LOKARE W/O HARISH ANIGOL AGED ABOUT 33 YEARS R/AT: NO.406/1A, BASAVA CIRCLE, BAILHONGAL, BELAGAVI - 591 102.
10. SMT. SHASHIKALA Y.M. W/O RAJKUMAR NAYAKODI AGED ABOUT 29 YEARS R/AT: NO.18, 5TH CROSS, BYRAWESHWAR NAGAR, NAGARBHAVI MAIN ROAD, MOODALA PLAYA, BENGALURU - 560 072.
11. SRI CHETHAN KUMAR M. S/O MANJEGOWDA AGED ABOUT 32 YEARS R/AT: PLOT NO.14 GOVINDAPPA LAYOUT RICEMILL KANAKAPURA TALUK RAMANAGARA DISTRICT - 562 117.
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
12. SRI MADHU R S/O RAMAPPA AGED ABOUT 27 YEARS R/AT: NO.03, LIDUMALOTIPALYA VILLAGE, BYALA POST, PURAVARA HOBLI, MADHUGIRI, TUMKUR DISTRICT - 572 175.
13. SRI HARSHITA D S/O DASARATHA R AGED ABOUT 26 YEARS R/AT:NO.21, 1ST MAIN ROAD, PREETHINAGAL, LAGGERE, BENGALURU - 560 058.
14. SRI CHETHAN KUMAR N.G. S/O GURUMURTHY AGED ABOUT 31 YEARS R/AT: NANDHIHALLI, CHIKKASARANGI POST, TUMKUR 572 118.
15. MS. MEGHA G. D/O GANESH R AGED ABOUT 23 YEARS R/AT: NO.26, 1ST MAIN ROAD, 6TH CROSS, LAKSHMIPURAM HALASURU, BENGALURU - 560 008.
16. SRI ABHISHEK S.P S/O PUTTASWAMY AGED ABOUT 29 YEARS R/AT: SULLEN VILLAGE & POST CHANNAPATTANA TALUK RAMANAGARA DISTRICT - 562 160.
17. SRI DEVARAJ K S/O LATE KEMPEGOWDA K.R AGED ABOUT 25 YEARS R/AT: KOTTIGEGOLLAHALLI (V&P) GULUR, TUMAKUR - 572 104.
18. SRI PRABHULINGA DODAMANI S/O MALLIKARJUN
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 AGED ABOUT 31 YEARS R/AT: BEHIND GOVERNMENT HOSPITAL KALKERI TALUK, TALIKOTI VIJAYAPURA DISTRICT - 586 118.
19. SRI CHETHAN S S/O SHIVANNA AGED ABOUT 31 YEARS R/AT: NO.89, 3RD MAIN ROAD, KBS WATER SUPPLY, UTTARAHALLI, BENGLAURU - 560 061.
20. SRI RAMACHANDRA S/O LATE KRISHNA NAYAK AGED ABOUT 37 YEARS R/AT: NO.2-113, NELLIGADDE POST, MATPADY, BRAHMAVARA TALUK UDUPI DISTRICT - 576 213.
21. SRI RAVIKIRAN K S/O KAMBAIAH R AGED ABOUT 30 YEARS R/AT: NO.3/3, SILVER WATERS, DEVALAPURA, DEVANAGUNDI HOSAKOTE, BENGALURU RURAL - 560 067.
22. MS. SHAKUNTHALA R D/O RANGARAJ R AGED ABOUT 30 YEARS R/AT: NO.38/1, II CROSS, GANGAPP ABLOCK, GANGANAGAR, BENGALURU - 560 032.
23. SRI VINAYAKA L S/O LAKSHMANA AGED ABOUT 26 YEARS R/AT: 781/A, LENIN NAGAR, 1ST MAIN ROAD, 3RD CROSS, DAVANAGERE - 577 002.
24. SRI KUMAR
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 S/O TUKARAM AGED ABOUT 27 YEARS R/AT: SANNUR TANDA, SANNUR TALUK, KALABURAGI DISTRICT - 585 102.
25. SRI MOHANRAO P S/O PARAMESHWARAPPA AGED ABOUT 30 YEARS R/AT: #47, SOMASUNDARA VILLAGE KURUGODU TALUK BELLARY DISTRICT - 583 102.
... RESPONDENTS (BY SRI. VIKRAM HULIGOL, SENIOR ADVOCATE FOR SRI. K. KRISHNA, ADVOCATE FOR R1 AND R2; SRI. PRITHVESH M.K., ADVOCATE FOR R3 TO R25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH AND SET ASIDE THE ' 'PROVISIONAL SELECTED LIST AFTER PSYCHOMETRIC TEST (MAIN LIST)' FOR THE PAST OF STATION CONTROLLER / TRAIN OPERATOR' DATED NIL PUBLISHED BY THE RESPONDENT ON THEIR WEBSITE ON 16.12.2023 (ANNEXURE-A) AND ETC.
THESE WRIT PETITIONS PERTAINS TO PRINCIPAL BENCH BENGALURU HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 28.11.2024 AND COMING ON FOR PRONOUNCEMENT OF ORDERS AT KALABURAGI BENCH THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV C.A.V. ORDER (PER: HON'BLE MR JUSTICE S SUNIL DUTT YADAV) I. BRIEF FACTS:-
The petitioners in W.P.No.8208/2024 and W.P.No.28577/2023 are the unsuccessful candidates in the recruitment process conducted by the respondent-
Bangalore Metro Rail Corporation (hereinafter referred to as 'BMRCL') for the post of Station Controller/Train Operator vide Notification No.BMRCL/O & M/C-32065/R-
02/2023 dated 22.03.2023 (hereinafter referred to as 'Recruitment Notification').
2. The petitioners in common have sought for issuance of writ in the nature of certiorari to set aside the "Provisional Selected List after Psychometric Test (Main List)" with respect to the post of Station Controller/Train Operator published by respondent- BMRCL. The petitioners have also sought for setting aside of the result of Psychological Aptitude Test conducted by RDSO on
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 22.11.2023 for the post of Station Controller/Train Operator with respect to the same post published on the website of respondent BMRCL on 16.12.2023. The other reliefs sought by the petitioner was for the issuance of writ of mandamus or appropriate direction to discard the result of the Psychometric Test conducted on 22.11.2023 or to conduct Psychometric Test afresh in terms of the representation dated 15.12.2023.
3. The relevant facts are that, BMRCL, by way of Notification dated 22.03.2023 at Annexure-'C'1 invited applications for filling up 92 posts of Station Controller/Train Operator.
4. It was provided that there would be a Written Examination followed by Medical Fitness Test which was required to be cleared. It was also provided that there would be a Psychometric Test, wherein the candidates would be called in the ratio of 1:5 with respect to the post of Station Controller/Train Operator.
1 W.P.No.28577/2023- 16 -
NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
5. The petitioners, it is stated, had applied for the post and had attempted the Written Examination and found their name in the Provisional Select List under different categories.
6. The petitioners were called for appearing in the Psychometric Test, meanwhile, the petitioners were also called for document verification and in the list published thereafter, the names of petitioners were not to be found.
7. Finally, the "Provisional Selected List after Psychometric Test (Main List)" and result of Psychological Aptitude Test dated 22.11.2023 was published and the petitioners having not been selected and hence the present Writ Petitions have been filed.
8. In W.P.No.28577/2023, this Court vide its interim order dated 18.12.2023 directed the respondent BMRCL to conduct a second Psychometric Test. Against such interim order Writ Appeal No.63/2024 was filed by the successful candidates who were not arrayed parties in
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 W.P.No.28577/2023. Accordingly, the Division Bench vide its order dated 31.01.2024 directed the respondent BMRCL to keep the results of the second Psychometric Test in a sealed cover for perusal of learned Single Judge.
9. Insofar as Writ Appeal No.63/2024 is concerned, the order passed therein is against the interim order passed in W.P.28577/2023. However, since the Writ Petitions are being disposed of on merits, the proceedings in the Writ Appeal need not come in the way of disposal of the present proceedings.
II. CONTENTIONS OF PARTIES:-
10. The contentions raised by petitioners are as follows:-
(i) That the Recruitment Notification was bad in law, as nature, form, evaluation methodology and qualifying criteria with regard to Psychometric Test was not disclosed.
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(ii) That the cut-off marks for each component of Psychometric Test were published after the notice dated 17.11.2023 calling upon the candidates to appear for Psychometric Test to be held on 22.11.2023.
(iii) It was contended that the petitioners, who were otherwise eligible were excluded from the zone of consideration based on a post facto change in the selection criteria. It was submitted that there was no passing score prescribed for the Psychometric Test in the Recruitment Notification.
(iv) It was contended that the subsequent stipulation introducing minimum marks for clearing the Psychometric Test had resulted in changing the 'Rules of the Game' mid-way by introducing a benchmark which did not exist at the time of commencement of the selection process. Reliance was placed on the judgment of Apex Court in K. Manjushree v. State of A.P. and Another2 [K. Manjushree] as well as Tej Prakash Pathak and 2 (2008) 3 SCC 512
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 Others v. Rajasthan High Court and Others3 [Tej Prakash Pathak].
(v) The petitioners had further contended that the criteria for evaluation not only ought to be fixed before hand, but also ought to be communicated.
(vi) It was specifically contended that the petitioners were taken by surprise regarding prescribing of minimum cut-off for Psychometric Test at a belated stage of the process.
(vii) It was also submitted that the petitioners were not estopped from challenging the selection process where the selection criteria was announced after the process of selection had commenced.
11. The contentions raised by respondent-BMRCL are as follows:-
3Civil Appeal No.2634/2013 dated 07.11.2024
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(i) The short listing in the ratio of 1:5 was prepared on the basis of marks in the Written Examination with reference to their entitlement in different categories.
(ii) That it was specifically provided in the Recruitment Notification regarding the necessity of clearing the Psychometric Test and the petitioners having failed in the said Psychometric Test, their names were rightly not found in the Final Selection List.
(iii) That the Recruitment Notification itself had stipulated regarding necessity to clear the Psychometric Test.
(iv) That the Psychometric Test was necessary in order to ensure selection of a suitable candidate keeping in mind the duties and nature of the particular post.
(v) That the details regarding holding of Psychometric Test was repeatedly conveyed on different dates through E-mail and SMS (message) at subsequent
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 stages apart from stipulation in the Recruitment Notification.
(vi) That the calculation of 'T-Score' as a method of evaluation was consistently followed and there was no violation of the ratio laid down in K. Manjushree (supra) as affirmed in Tej Prakash Pathak (supra) which only stipulated that stipulation of eligibility criteria at the commencement of recruitment process could not be changed mid-way.
(vii) That the prescription of 'T-Score' which had nexus with the 'Mean Score' of all the candidates, was inherently a variable benchmark and accordingly, an advance cut-off mark could not be prescribed.
(viii) That the petitioners having participated in the selection process and having subjected themselves to the Psychometric Test without protest, the petitioners were estopped from challenging the validity of such Psychometric Test.
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 III. ANALYSIS:-
12. It must be noticed that the Recruitment Notification provided for selection on the basis of Written Test in terms of Clause 8.01 which also provides for a Medical Fitness Examination. Clause 8.01 reads as follows:-
""£ÉêÀÄPÁw ¥ÀæQæAiÉÄ :
8.01. °TvÀ ¥ÀjÃPÉëAiÀÄ°è UÀ½¹zÀ CAPÀUÀ¼À DzsÁgÀzÀ ªÉÄÃ¯É DAiÉÄÌAiÀÄ£ÀÄß PÀlÄÖ¤mÁÖV ªÀiÁqÀ¯ÁUÀĪÀÅzÀÄ. DAiÉÄÌ ªÀiÁrzÀ C¨sÀåyðUÀ¼À£ÀÄß ªÀÄÆ® zÁR¯ÉUÀ¼À ¥Àj²Ã®£ÉUÁV ªÀÄvÀÄÛ PÀ£ÀßqÀ ¥ÀjÃPÉëUÉ PÀgÉAiÀįÁUÀĪÀÅzÀÄ.
zÁR¯Áw ªÀÄvÀÄÛ PÀ£ÀßqÀ ¥ÀjÃPÉëAiÀÄ°è GwÛÃtðgÁzÀªÀgÀ£ÀÄß £ÀAvÀgÀ ªÉÊzÀåQÃAiÀÄ ¦ümï£É¸ï ¥ÀjÃPÉëªÀiÁqÀ¯ÁUÀĪÀÅzÀÄ."
13. Further, Clause-9 of the Recruitment Notification provides for Medical Fitness Examination, as well as Psychometric test which reads as follows:-
"9. ªÉÊzÀåQÃAiÀÄ ¦ümÉß¸ï ¥ÀjÃPÉë :-
°TvÀ ¥ÀjÃPÉëAiÀÄ CºÀðvÉAiÀÄ DzsÁgÀzÀ ªÉÄÃ¯É £ÉêÀÄPÁwUÁV DAiÉÄÌ ªÀiÁqÀ¯ÁzÀ C¨sÀåyðUÀ¼ÀÄ ºÀÄzÉÝUÉ ¸ÀA§A¢ü¹zÀ PÀvÀðªÀåUÀ¼À£ÀÄß ¤ªÀð»¸À®Ä ªÉÊzÀåQÃAiÀĪÁV ¸ÀªÀÄxÀðgÁVzÁÝgÉ JAzÀÄ RavÀ¥Àr¹PÉƼÀî®Ä BMRCL £ÀqɸÀĪÀ CUÀvÀå«gÀĪÀ ªÉÊzÀåQÃAiÀÄ ¦ümï£É¸ï ¥ÀjÃPÉë ¥Á¸ï ªÀiÁqÀ¨ÉÃPÀÄ. (ªÉÊzÀåQÃAiÀÄ ¦ümÉß¸ï ¥ÀjÃPÉëAiÀÄÄ gÉʯÉé ªÉÊzÀåQÃAiÀÄ ªÀiÁ£ÀzÀAqÀUÀ¼À ¥ÀæPÁgÀ EgÀÄvÀÛzÉ). «µÀÄAiÀįï CPÀÄån ¸ÁÖöåAqÀqïð ªÉÊzÀåQÃAiÀÄ ¦ümï£É¸ï ¥ÀæªÀÄÄR ªÀiÁ£ÀzÀAqÀUÀ¼À°è MAzÁVzÉ. F ºÀÄzÉÝUÀ½UÉ CºÀðvÉ ¥ÀjÃPÉëUÀ¼À°è CºÀðvÉ ¥ÀqÉzÀ C¨sÀåyðUÀ¼ÀÄ, ¤UÀ¢vÀ ªÉÊzÀåQÃAiÀÄ ¥ÀjÃPÉëAiÀÄ°è C£ÀÄwÛÃtðgÁzÀgÉ AiÀiÁªÀÅzÉà ¸ÀAzÀ¨sÀðzÀ°è
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 £ÉêÀÄPÁwUÉ ¥ÀjUÀt¸À¯ÁUÀĪÀÅ¢®è JA§ÄzÀ£ÀÄß UÀªÀĤ¸À§ºÀÄzÀÄ. ¤UÀªÀĪÀÅ £ÀqɹzÀ ªÉÊzÀåQÃAiÀÄ ¥sÀ°vÁA±ÀªÀÅ CAwªÀÄ ºÁUÀÆ C¨sÀåyðAiÀÄÄ EzÀPÉÌ §zÀÝgÁVgÀ¨ÉÃPÁUÀÄvÀÛzÉ ªÀÄvÀÄÛ F «µÀAiÀÄzÀ°è AiÀiÁªÀÅzÉà ªÀÄ£À«AiÀÄ£ÀÄß / JgÀqÀ£Éà C©ü¥ÁæAiÀĪÀ£ÀÄß M¼ÀUÉÆAqÀAvÉ, ¥ÀjUÀt¸À¯ÁUÀĪÀÅ¢®è.
¸ÉÖõÀ£ï PÀAmÉÆæîgï/mÉæöÊ£ï D¥ÀgÉÃlgïUÀ½UÉ 1:5 C£ÀÄ¥ÁvÀzÀ°è ¸ÉÊPÉÆêÉÄnæPï (Psychometric) ¥ÀjÃPÉë £ÀqɸÀ¯ÁUÀĪÀÅzÀÄ".
14. A perusal of Recruitment Notification would indicate the following:-
(a) Those who have been selected on the basis of Written Examination are to be evaluated as to whether they are medically fit to perform the duties attached to the post.
(b) They are required to pass the Medical Test which would be evaluated in terms of the standards followed in Railway Medical Evaluation.
(c) Those who do not clear the Medical Test are excluded from the process.
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
(d) For the post of Station Controller/Train Operator, there would be a Psychometric Test and candidates would be called in the ratio of 1:5.
15. It thus emerges that in terms of Clause-9 of the Recruitment Notification, there would be an evaluation of suitability and the Medical Test is as per the standards adopted in the Indian Railways. It is further provided that as regards the Posts in question, there would be a Psychometric Test.
16. At the first stage, there was a Written Test.
The Provisional Lists were prepared as at Annexure-'E1'4 after the Written Test. The Provisional Lists were prepared Category-wise. Apart from the main list, waiting list was also prepared Category-wise. In terms of the stipulation in the Recruitment Notification which provided that candidates would be called for Psychometric Test in the ratio of 1:5, the said Test was taken up only by those candidates shortlisted in the ratio of 1:5. This is evident 4 W.P.No.28577/2023
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 from the results of Psychological Aptitude Test at Annexure-'B'5, wherein 433 candidates were evaluated for 92 vacant Posts. Accordingly, the shortlisting of those candidates who could attempt the Psychometric Test is on the basis of performance in the Written Examination. This is the same stand taken by the respondent BMRCL as noticed in their written submissions at paras-2.4 and 2.5.
17. The Recruitment Notification when referred to in the website of respondent-BMRCL, has references to "IMPORTANT INSTRUCTIONS TO THE CANDIDATES APPEARING FOR THE PSYCHOMETRIC TEST ON 22/11/2023 and 23/11/2023". Under such caption the details of following two links are made:
Link-1 (https://rdso.indianrailways.gov.in/works/uploads/File/Metro%20Guidelines %20CBT( 2).pdf) Link-2 (https://g06.tcsion.com/OnlineAssessment/index.html?32436@@M211)
18. A perusal of Link-1 above as on date would reveal that it directs back to the Homepage of the RDSO 5 W.P.No.28577/2023
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 website which takes us back to the FAQ. The FAQs are rather illustrative and cannot have the effect of overriding the Recruitment Notification by BMRCL. In the event of any ambiguity, needless to state the Recruitment Notification shall prevail.
19. The relevant extract of the FAQ are as follows:
"5. Question: How are T-score and composite score of a candidate calculated in CBT mode of Aptitude Test?
Answer: Norms and standards as laid down from time to time shall be applied uniformly to all candidates for adjudging their suitability. The basic parameters required to calculate T-score are Mean and Standard Deviation as derived from data of all candidates appeared in the test. Normally for most of the candidates, Tscore falls between T-score 80 to T-score 20, however formula does not rule out possibility of T-score beyond this range also, though number of such candidates may be very few.
The formula to calculate T-score is:
x-Mean T = 50 + 10 SD ,(where x is candidate's score in the test and SD is Standard Deviation)
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 The T-score for particular subject for a test can be calculated as follows:-
Subject score on Test 1 say = 20 Mean of Test 1 say =14 Standard Deviation of Test 1 say =3 20-40 T = 50 + 10 3 = 50 +10(2)=70 Calculation of composite score is as follows: As weightage to Aptitude Test is 30, the composite score of a particular subject can be calculated as follows:
Composite T-score of a candidate having 5 tests in a battery is=300 The max T-score a candidate can obtain having 5 tests in a battery is (80x5) =400 The composite score out of 30 is:
*Out of 400 score candidate scored =300 *Out of 30 score will be = 300*30 = 22.5"400
20. A perusal of the FAQ would clarify that raw score is different from T-score and that raw score of each test is converted into T-score.
21. It is to be noted that the FAQs are also of the RDSO relating to Railway Exams which has been adopted
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 by the respondent BMRCL and the entirety of FAQs may not throw light on every aspect of the recruitment process.
FAQ at question No.12 of apportioning marks in 70:30 (70% in RRB Examination and 30% in aptitude) though would be a valid apportionment in RRB Examination, cannot be extended in the present case, as the Recruitment Notification makes it mandatory to clear the Psychometric Test and on failure to clear the Psychometric Test, the candidate is ejected out of the recruitment process. Accordingly, FAQ is liable to be ignored as is contrary to the Recruitment Notification on such aspect.
22. Insofar as the respondent BMRCL, the formula for calculation of T-score is prescribed in the statement of objections filed by respondent Nos.1 and 2 dated 28.10.2024, as follows:
"T = 50 + 10 (a-x) , (where x is candidate's score in the test and SD is δ Standard Deviation) Where, T-Score of the candidate in a given test = T Mean score of all candidates that appear for give test = X Standard deviation for the given test = δ Raw/absolute score of a candidate in the given test = a"
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
23. Accordingly, as regards the mode and manner of evaluation adopted by the respondent BMRCL, reference can be made to Link-1 supra and the formula prescribed in the statement of objections, details of which has be elucidated in the preceding paragraphs. The 'T-
score' is calculated in terms of the formula prescribed. The said formula consists of variables viz., 'T' is 'T-score' of candidate in a given Test; 'X' is Mean Score of all candidates who appear for given Test; 'a' is raw/absolute score of a candidate in the given test; 'δ' is Standard Deviation for the given Test. In light of the same, the calculation of the 'T-score' is relative to the normal performance of all other candidates and hence, cannot be prescribed in advance.
24. Insofar as the contention that the 'T-score' was not announced at a prior stage of the recruitment, the explanation of the respondent BMRCL requires acceptance.
Accordingly, as 'T-score' is a relative performance of candidates, the occasion to notify the same in advance
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 could never arise. The minimum score (raw) as well as maximum score (raw) has been notified at Annexure-'M' in W.P.No.28577/2023 and at a subsequent stage of the recruitment process. Such prescription cannot be objected to as introducing an element of surprise, since the very process of prescription of marks is only after participation of candidates and their evaluation is made in the psychometric test.
25. Insofar as the petitioners are concerned, they are required to score equal to or greater than the minimum score prescribed for Test-T1, Test-T2, Test-T3, Test-T4 and Test-TG. The minimum score prescribed for such of the Tests is as follows:
Test T1 T2 T3 T4 TG
Minimum score 15 13 19 14 12
(Raw)
26. Insofar as Test-TQ and Test-T7, the candidates must have scored below the specified maximum marks which is contained in the table as below:-
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NC: 2025:KHC:3380
WP No.8208 of 2024
C/W WP No.28577 of 2023
Test TQ T7
Maximum score (Raw) 8 823
27. Once the performance of candidates are
evaluated in consonance with the above criteria, Final Selection List would reflect those who have been 'eligible' or 'ineligible'. It is clear from the Recruitment Notification that those who have failed in the Psychometric Test would be outside the zone of consideration in light of the stipulation at Point No.9 of the Recruitment Notification extracted supra.
28. It is the contention of petitioners that the rules of the game have been changed in the midst of recruitment process by placing reliance on the judgment of Apex Court in Tej Prakash Pathak (supra). The petitioners' contention is on the premise that the passing marks for the Psychometric Test was not specified in advance and could not have been introduced mid-way.
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
29. As observed above, the minimum Raw Score was prescribed after the evaluation process in the Psychometric Test. It is as against such minimum Raw Score prescribed for Test - T1, T2, T3, T4 and TG and less than maximum Raw Score for Test - TQ and T7, that evaluation has been made. Such prescription by the very method of evaluation could have been made only after the Tests and such prescription cannot amount to change in the Rules of the game, is an accepted exception that where the Recruitment Notification itself provides for a methodology whereby, minimum marks for passing is dependent upon comparative performance of other candidates, the same cannot be faulted.
30. Though, it is contended by the petitioners that the formula prescribed for conversion of raw score to T-score has nothing to do with prescription of a cut-off mark, it must be noticed that minimum Raw Score has been prescribed as per the Table above and the Court cannot now enter into manner in which the minimum
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 T-Raw Scores have been fixed. It is a settled position that the Court does not sit in appeal over the wisdom of experts.
31. Insofar as the details regarding Psychometric Test, it is to be noticed that the respondent BMRCL has specifically asserted that the communication of details regarding the said Psychometric Test was sent by way of SMS and E-mail. The reference to Instructions given to the candidates at Annexure-'G'6 is acknowledged by the petitioners, which the petitioners refer to as 'Generic Instructions'.
32. A perusal of the said Instructions would indicate that the Psychometric Test included Online Test and Reaction Test. It was provided that a generic view of Psychometric Test could be obtained from the Indian Railway RDSO Website. The link was also provided, which is extracted supra as Link-17.
6 W.P No.28577/2023 7Link-1-(https://rdso.indianrailways.gov.in/works/uploads/File/Metro%20Guidelines%20CBT( 2).pdf)
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023
33. The Link-1 is also found in the Hall Ticket that was sent to the candidates calling upon them to appear for the Psychometric Test. Copy of such Hall Ticket is enclosed at Annexure-'H'8 and the Sample Instructions sent to candidates through E-mail on 17.11.2023 is found at Annexure-'R9'9. The reference made in the Instructions sent to the candidates through E-mail as well as the Hall ticket are as hereunder:
The candidates should go through the generic view of the Psychometric test on the Indian Railway, RDSO website:-
(https://rdso.indianrailways.gov.in/works/uploads/File/Metro% 20Guidelines%20CBT( 2).pdf) The candidates should go through the Mock Link available on the BMRCL website and familiarize themselves with the Online Psychometric test -
(https://g06.tcsion.com/OnlineAssessment/index.html?32436 @@M211)
34. It was specifically provided that Mock Link was available on BMRCL Website to enable familiarizing with the Online Psychometric Test and the link was also provided which is extracted supra. In light of such 8 W.P.No.28577.2023 9 Additional Statement of Objections of respondent Nos.1 & 2 in W.P.No.28577/2023
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 information provided, it cannot be stated that the Links provided did not constitute a broad picture of the nature of the Psychometric Test.
35. Firstly, all petitioners were similarly placed by virtue of communication regarding nature of Test.
Secondly, the nature of Psychometric Test was available for being ascertained in the Public Domain as well.
36. In light of the above, it cannot be stated that there was no clarity regarding the nature of Psychometric Test, though better clarity may have been desirable.
Desirability of clarity does not always lead to the conclusion that system that was adopted was arbitrary or illegal.
37. The Affidavit dated 12.11.2024 filed by the petitioner in W.P.No.28577/2023 would indicate the petitioners' stand that access to Link-1, i.e. (https://rdso.indianrailways.gov.in/works/uploads/File/Met ro%20Guidelines%20CBT( 2).pdf) would redirect them to
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 the 'pdf'- "Guidelines for Candidates appearing for Psychological Aptitude Test organized by Metro Rail in CBT mode" comprising only of 13 pages. A perusal of the said material produced at Annexure-'B' of the Affidavit would indicate the details of the Tests viz., (i) Test for measuring intelligence; (ii) Test for measuring memory; (iii) Concentration Test; (iv) Personality Test; (v) Field Independence Test; (vi) Reaction Time Test. Under each Test as detailed above, there are Instructions regarding the nature of Tests.
38. If the material of "Guidelines for Candidates appearing for Psychological Aptitude Test organized by Metro Rail in CBT mode" at Annexure-'B' to the Affidavit dated 12.11.2024 is looked into as well as the General Instructions under the FAQ together, the above material would give a broad picture regarding the nature of the Psychometric Test and such information throws light on the mode and manner of the selection as well. This would
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 suffice the requirement regarding necessary information to attempt the Psychometric Test.
39. Though a contention is raised regarding the Frequently Asked Questions (FAQs) being inaccurate, nevertheless, a broad outline of Psychometric Test having been indicated by virtue of the communication to the petitioners, it cannot be stated that the petitioners were taken by surprise.
40. Another contention advanced is that except for material at Annexure-'B' to the Affidavit dated 12.11.2024, the other material in the form of FAQ was not in the knowledge of petitioners. However, in light of the observations made supra that the Link-1 (supra) communicated to the petitioners would in fact re-direct to the FAQ section, the said contention does not hold water.
41. This Court finds that the judgment relied upon in Tej Prakash Pathak (supra) does not help the case
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NC: 2025:KHC:3380 WP No.8208 of 2024 C/W WP No.28577 of 2023 of the petitioners herein in light of the discussion made above.
Accordingly, both the Writ Petitions are rejected.
Sd/-
(S. SUNIL DUTT YADAV) JUDGE VGR List No.: 19 Sl No.: 1