Central Administrative Tribunal - Jabalpur
Suresh Kumar vs South East Central Railway on 9 January, 2026
1 OA No.203/186/2023
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
CIRCUIT SITTING : BILASPUR
Original Application No.203/186/2023
Bilaspur, this Friday, the 09th day of January, 2026
HON'BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER
1. SURESH KUMAR, S/o Shri. Lochan Lal Aged about 28 Years,
Unemployed, R/o: H.No. 290, Ward No. 11, Kodiya, Post- Pauwara,
District: Durg (CG) 491107.
2. DHANANJAY GARHEWAL, S/o Shri. Pawan Kumar Aged about 29
Years, Unemployed, R/o: House No. 174, Village- Bhainsda, Post-
Pacheda, Dist. Janjgir-Champa (CG) 495668.
3. CHANNULAL, S/o Shri. Yeshwant Kumar Aged about 25 Years,
Unemployed, R/o: Bazar Chowk, Ward No. 4 Village- Dargahan, Post-
Borsi, Dist. Dhamtari (CO (CG) 493773.
4. AJAY DAS, S/o Shri. Mohar Das Aged about 26 Years, Unemployed,
R/o: Mohar Das Samariya, Kanhera, Bemetara, Dist. Bemetara (CG)
491335.
5. G. SHYAM KUMAR, S/o Shri. G. Mohan Rao Aged about 31 Years,
Unemployed, R/o: 24/E MPR Road, Zone-2, Khursipar, Sector-11, Bhilai,
Dist. Durg (CG) 490011.
6. VINOD KUMAR, S/o Shri. Janak Ram Aged about 28 Years,
Unemployed, R/o: Vill- Mauhagaon, Post- Silyari, Tehsil-Raipur Dist.
Raipur (CG) 493116.
7. MANISH KUMAR PATEL, S/o Shri. Satanand Patel Aged about 31
Years, Unemployed, R/o: Near Ashirwad Bhawan Hemunagar, Bilaspur
Dist. Bilaspur (CG) 495004.
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8. GOUTAM GUPTA, S/o Shri. Vasudev Aged about 27 Years,
Unemployed, R/o: Vill-Tribhona Post-Padigaon, Tehsil- Pussore Dist.
Raigarh (CG) 496440.
9. UMESH KUMAR PATEL, S/o Shri. Rohit Kumar Aged about 26 Years,
Unemployed, R/o: House No. 82 Ward No. 5, Village - Chhuchhubhantha,
Dist. Janjgir-Champa (CG) 495692.
10. AASHISH KUMAR VERMA, S/o Shri. Dhaneshwar Lal Verma Aged
about 24 Years, Unemployed, R/o: Village Suma, Post-Tarenga, Dist.
Balodabazar (CG) 493118.
11. KISHAN KUMAR, S/o Shri. Dilip Kumar Aged about 28 Years,
Unemployed, R/o: Village & Post- Karesara, Mungeli Dist. Mungeli (CG)
495334.
12. MANENDRA KUMAR VERMA, S/o Shri. Dandi Ram Verma Aged
about 29 Years, Unemployed, R/o: Gandhi Ward, Vill- Rajiya, Post-Neora,
Dist- Raipur (CG) 493111.
13. ABHISHEK KUMAR YADAV, S/o Shri. Vinod Kumar Aged about 28
Years, Unemployed, R/o: House No. 671, Near Cooperative Bank, Silyari
Dist. Raipur (CG) 493116.
14. ΜΑΝ MOHAN DAS, S/o Shri. Samund Das Aged about 35 Years,
Unemployed, R/o: LIG 606, Deendayal Colony, Near Sub-Station, Mangla,
Bilaspur Dist. Bilaspur (CG) 495001.
15. TRIDEV KUMAR, S/o Shri. Ram Kishan Aged about 29 Years,
Unemployed, R/o: Nandeli Bhata, Sakti Behind Govt. Hostal, Post: Sonthi,
Dist. Janjgir-Champa (CG) 495689.
16. MANISH KUMAR, S/o Shri. Rajendra Kumar Aged about 23 Years,
Unemployed, R/o: Village Iraguda, Post- Sikosa, Tehsil-Gunderdehi Dist.
Balod 491223.
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17. JAI PRAKASH S/o Shri. Ramayan Aged about 28 Years, Unemployed,
R/o: Villa-Pondi, Tehsil- Pondi, Post - Masturi, Dist. Bilaspur (CG) 49550.
18. AMIT RAJ S/o Shri. Ajay Yadav Aged about 26 Years, Unemployed,
R/o: Village &, Post - Jamhor, Dist. Aurangabad (Bihar) 824121.
19. SHAILENDRA CHANDRA S/o Shri. Ram Swarup Chandra Aged
about 28 Years, Unemployed, R/o: Qr. No. M-384, Pump House Colony
Near Shiv Mandir, Korba Dist. Korba (CG) 495677.
20. SHIVA KUMAR PATEL S/o Shri. Radheshyam Aged about 28 Years,
Unemployed, R/o: Padmi, Post- Bemetara, Tehsil- Saja Dist. Bemetara
491335.
21. AKHIL MAHOBIYA S/o Shri. Manoj Mahobya Aged about 29 Years,
Unemployed, R/o: Nandai Road, Kuwa Chowk, Ward No. 39, Rajnandgaon
Dist. Rajnandgaon (CG) 491441.
22. KHEER KUMAR S/o Shri. Ganesh Ram Aged about 29 Years,
Unemployed, R/o: Ward No. 14, Railway Line Para, Kirodimal Nagar, Dist.
Raigarh (CG) 496001.
23. AJAY SENAPATI S/o Shri. Patita Senapati Aged about 25 Years,
Unemployed, R/o: Village Balipada, Post- Goradia, Dist. Dhenkanal (Orisa)
759023.
24. DINESH KUMAR SAHU S/o Shri. Jaitram Sahu Aged about 34 Years,
Unemployed, R/o: Qr. No. 1328, Ward No. 49 Science College Road,
Sarkanda, Bilaspur Dist. Bilaspur (CG) 495001.
25. NIKHIL MAHOBIA S/o Shri. Manoj Mahobia Aged about 28 Years,
Unemployed, R/o: Nandai Road, Kuwa Chowk, Ward No. 39,
Rajnandgaon, Dist. Rajnandgaon (CG) 491441.
26. KAVITA SAHU D/o Shri. Jagdev Prasad Aged about 26 Years,
Unemployed, R/o: Village & Post - Lakhram, Ratanpur, Dist. Bilaspur
(CG)- 495442.
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27. TRILOCHAN S/o Shri. Kenwar Lal Aged about 26 Years,
Unemployed, R/o: House No. 1049 Near Bus Stand Village - Bengpali,
Post- Durug Dist. Sarangarh Bilaigarh (CG) 493222.
28. JAIHIND YADAV S/o Shri. Mohit Yadav Aged about 23 Years,
Unemployed, R/o: Vill- Sarsauli, Post-Bhala Khurd Dist. Gazipur (UP)
275204.
29. AVINASH S/o Shri. Ramnarayan Aged about Years, Unemployed, R/o:
Vill- Akaltara, Post- Chaurenga, Teh - Simga, District: Balodabazar
493101.
30. SANJU KUMAR NISHAD S/o Shri. Nand Kumar Nishad Aged about
27 Years, Unemployed, R/o: Village - Benidih, Post- Gullu, Block-Arang,
Dist. Raipur (CG) 493441.
31. AMIT NAMDEV S/o Shri. Bharat Namdev Aged about 22 Years,
Unemployed, R/o: Ward No. 4 Post-Binjhiya, Mandla, Dist. Mandla (MP)
481661.
32. ALOK KUMAR SAHU S/o Shri. Devi Prasad Aged about 23 Years,
Unemployed, R/o: Village Loharsi, Post- Loharsi, Dist. Janjgir Champa
(CG).
33. KALYANEE KASHYAP D/o Shri. Feku Lal Aged about 23 Years,
Unemployed, R/o: Ward No. 17, Vill- Salkhan, Dist. Janjgir-Champa (CG)
495556.
34. LAXMI KANT PATEL S/o Shri. Ram Prakash Patel Aged about 32
Years, Unemployed, R/o: House No. 189, Village - Kachhouhan, Post-
Kthar, Manpur, Dist. Umaria (MP) 484665.
35. BHANU PRATAP SINGH S/o Shri. Ramesh Kumar Aged about 22
Years, Unemployed, R/o: Mahamaya Para Patan Post-Dhaneli, Bhatapara,
Dist. Bhatapara (CG) 493118.
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36. DINESH KUMAR PATEL S/o Shri.Rohit Kumar Aged about 29 Years,
Unemployed, R/o: Village - Kanmura, Post- Mura, Dist. Raigarh(CG)
496661.
37. KHILESH S/o Shri. Chaitram Aged about 27 Years, Unemployed, R/o:
House No. 216, Ward No. 2 Ram Janki Mohalla, Nawagarh, Dist. Janjgir-
Champa (CG) 495557.
38. BALKRISHNA PATEL S/o Shri. Dharam Pal Aged about 28 Years,
Unemployed, R/o: House No. 11, Village - Salhepali Post. Naurangpur Dist.
Raigarh (CG) 496001.
39. AKHILESH KUMAR S/o Shri. Sarayu Prasad Aged about 23 Years,
Unemployed, R/o: House No. 451 Ward No. 7, Ahiwara, Nandni Nagar,
Dist. Durg (CG) 490036.
40. MITHLESH KUMAR S/o Shri. Anju Ram Sahu Aged about 28 Years,
Unemployed, R/o: Village - Dewada, Post- Hasda, Dist. Bemetara (CG)
490036.
41. RAKESH KUMAR S/o Shri. Ramchandra Das Aged about 23 Years,
Unemployed, R/o: Village-Azad Nagar, Post- Siwandih, Post- Marafari,
Bokaro Steel City (Jharkhand) Pin 827010.
42. SANDEEP KUMAR S/o Shri. Arjun Ram Aged about 27 Years,
Unemployed, R/o: Vill- Teka, Post- Deori, Tehsil-Rajim Dist. Gariyaband
(CG) 493992.
43. CHETAN KUMAR PATHODE S/o Shri. Hari Ram Pathode Aged
about 25 Years, Unemployed, R/o: Shivanand Nagar Sector-3, Anjani
Vihar, WRS Colony, Raipur (CG) 492004.
44. ANKUSH SRIVAS S/o Shri. Saheb Lal Aged about 22 Years,
Unemployed, R/o: QR 2 2/3, NE Colony, Railway Colony, Bilaspur Dist.
Bilaspur (CG) 495004.
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45. NILESH KUMAR SAHU S/o Shri. Jageshwar Prasad Aged about 30
Years, Unemployed, R/o: Vill & Post - Lakhram, Dist. Bilaspur (CG)
495442.
46. SNEHAL ITANKAR S/o Shri. Madhukar Itankar Aged about 30 Years,
Unemployed, R/o: Gurudev Kirana Bhandar Geeta Nagar, Zingabai Takli,
Nagpur (MS) 440030.
47. HARSH CH. S/o Shri. Pukhraj Ch. Aged about 26 Years, Unemployed,
R/o: Shitlapara, Sirsakala (Bhilai-3) Post: Sirsakala (Bhilai-3) Dist. Durg
(CG) 491021.
48. RANJIT RANA S/o Shri. Netlal Rana Aged about 23 Years,
Unemployed, R/o: Ward No. 13, Post: Deori, Tehsil & Dist. Balaghat (MP)
481001.
49. MORAJ S/o Shri. Kishan Lal Aged about 25 Years, Unemployed, R/o:
House No. 97, Vill & Post -Bhawanipur, Dist. Balodabazar (CG) 493229.
50. SHAILENDRA KUMAR SAHU S/o Shri. Bhushanlal Sahu Aged about
28 Years, Unemployed, R/o: Vrinda Nagar Camp 1 Supela Bhilai, Dist.
Durg (CG) 490020.
51. DURGESH KUMAR S/o Shri. Kum Lal Aged about 30 Years,
Unemployed, R/o: Vill & Post - Bhardakala, Dist. Balod (CG) 491225.
52. SANTOSH S/o Shri. Mohan Aged about 27 Years, Unemployed, R/o:
Vill-Lewai, Post-Singarpur, Dist. Balodabazar (CG) 493118.
53. NITESH ARUN TAGADE S/o Shri. Arjun Tagade Aged about 32
Years, Unemployed, R/o: Vill-Ghogli, Post-Ghogli, Dist. Nagpur (MS)
441501.
54. VIJYENDRA KUMAR S/o Shri. Dilip Kumar Patel Aged about 31
Years, Unemployed, R/o: Kanji House Gali, Parshabhata, Post. Balco Nagar
Dt. Korba (CG) 495684.
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55. SURYAKANT S/o Shri. Makru Ram Aged about 23 Years,
Unemployed, R/o: Vill & Post - Kanan Pendari Tehsil- Takhatpur, Dist.
Bilaspur 495003.
56. NEELESH RAJAK S/o Shri. Kashi Ram Rajak Aged about 27 Years,
Unemployed, R/o: Vill-Taindani Post- Chhammari, Tehsil-Chapara Dist.
Seoni(MP) 480887.
57. GOURAV KUMAR DEWANGAN S/o Shri. Khomal Dewangan Aged
about 31 Years, Unemployed, R/o: House No. 952, Panchsheel Nagar,
Durg, District Durg (CG) 491001.
58. CHUNAMANI KASHYAP S/o Shri. Mangal Chand Aged about 31
Years, Unemployed, R/o: Ward No. 8, Rathod Nagar Rathod Nagar, Tehsil
Pamgarh, Dist: Janjgir Champa (CG) 495556.
59. PRASHANT VISHWAKARMA S/o Shri. Toran Kumar Vishwakarma
Aged about 27 Years, Unemployed, R/o: Vill - Kalmitar, Post- Ranigaon,
Tehsil-Ratanpur Dist. Bilaspur (CG).
60. YAGYA KUMAR KASHYAP S/o Shri. Bhuvan Lal Aged about 32
Years, Unemployed, R/o: Vill & Post - Kutra, Tehsil-Janjgir, Dist. Janjgir
Champa (CG).
61. TRILOK SAHU S/o Shri. Girdhari Sahu Aged about 31 Years,
Unemployed, R/o: Chhattisgarh Nagar, Tikrapara, Raipur Dist. Raipur (CG)
492001.
62. NAND KUMAR S/o Shri. Ram Krishna Aged about 26 Years,
Unemployed, R/o: Vill-Jelpara (Naraibodh), Post: Gevara Basti, Tehsil-
Katghora Dist. Korba (CG) 495454.
63. RAJESH KUMAR S/o Shri. Santosh Kumar Sahu Aged about Years,
Unemployed, R/o: Birgamani Chowk, Champa Dist. Champa (CG) 495671.
-Applicants
(By Advocate - Shri B.P. Rao)
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Versus
1. Union of India through the General Manager, S.E.C. Railway, Bilaspur
Zone, Headquarters' Office, Bilaspur - 495004 (CG).
2. The Dy. Director-II/E(NG)II, Railway Board, Rail Bhawan, Ministry of
Railways, New Delhi - 110001.
3. The Chairpersons Railway Recruitment Board, Ministry of Railways,
Rail Bhawan, New Delhi - 110001.
4. The Chairman, Railway Recruitment Cell, S.E.C. Railway, RTS Colony,
Bilaspur - 495004 (CG).
- Respondents
(By Advocate - Shri Siddharth Rathod)
(Date of reserving order : 10.11.2025)
ORDER
By Mallika Arya, Member (A).
The applicants have filed this Original Application and sought for the following relief:
"8.1 That, this Hon'ble Tribunal be pleased to allow the O.A. and be pleased to quash and set aside the Para 3 of RBE 51/2022 (Annexure A-4), Railway Board Notice for CCAAs dated 11.3.2022 (Annexure A-5), Corrigendum and Amendment -5 dated 22.4.2022 (Annexure A-6), Addendum No.1 to Corrigendum and Amendment No.4 dated 12.8.2022 (Annexure A-6), Corrigendum and Amendment dated 12.8.2022 (A-7) and Addendum No.2 dated 6.12.2022 (Annexure A-8) in the interest of justice. 8.2 That, the Hon'ble Tribunal be pleased to quash and set aside the Respondents Official Letter dated 28.1.2023 (A-9) in respect to the Document Verification and Medical Examination of 228 CCAA candidates against OBC vacancies and 74 CCAA candidates against the SC vacancies of Group-D posts of Level 1 of 7th CPC of S.E.C.Railway vide CEN RRC- 01/2019 and restrain the Respondents for issuance of Empanelment Page 8 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 9 OA No.203/186/2023 List/Posting Orders of these 228 +74=302 CCAAs candidates in the interest of justice.
8.3 That, the Hon'ble Tribunal be pleased to pass and Order, directing the Respondents to fill-up 333 vacancies of CCAAs through Horizonal Reservation i.e., 20% of the Vacancies enmarked as Vertical Reservation in the Employment Notice (A-1) in the respective Category wise i.e. for SC/ST/OBC/UR/EWS as per para 23 & 8 of RBE 71/2016 (A-3) in the interest of justice."
2. The applicants have stated that a Centralized Employment Notice (CEN) No.RRC-1/2019 was issued on 23.2.2019 (Annexure A-1) to fill up the as many as 103769 posts in Level 1 of 7th CPC in all the 16 Railway Zones with category wise breakup of vacancies i.e, for UR-797, SC-49, ST- 115, OBC-366 and EWS-167 have been mentioned. Vertical Reservations for UR, SC,ST, OBC & EWS and Horizontal Reservations for ExSMs, CCAAS, PwBDs have been earmarked. Out of the Total Vacancies, 20% posts were reserved for Ex Service Man (ExSM) & (CCAAs) and 10% for PwBD) etc. In the Notification, the vacancies enmarked for SEC Railways are UR-797, SC-219, ST-115, OBC-366, EWS-167, i.e. a total 1664 vacancies. Out of total vacancies 20% vacancies were reserved for ExSM- 333 & CCAA -333, while 5% were for PwBD-84.
2.1 The Recruitment Process for all the candidates involved a Computer Based Test(s), Physical Efficiency Test (PET), Document Verification and Page 9 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 10 OA No.203/186/2023 Medical Examination. The minimum qualifying marks in CBT for various categories were 40% for UR & EWS while 30% for SC, ST & OBC with relaxation of 2% for PwBD. Based on Merit of the Candidates in CBT, candidates were to be called for PET and passing of PET was mandatory. 2.2 The applicants belong to SC and OBC category (other than CCAA, PwBD and Ex Serviceman). As per the Employment Notification for SEC Railways, 219 vacancies were notified for SC category and 366 vacancies were earmarked for OBC category. All these vacancies were to be filled from all classes of candidates including Ex Serviceman, CCAA, PwBD under 20% Horizontal Reservation. The respondents called 76 SC candidates from CCAA category and 228 OBC candidates from CCAA category over and above the quota reserved for CCAA category. This has resulted in denial of applicants' chances to get recruited. The applicants have submitted that this has been done by way of corrigendum and amendments after issuance of the main notification which is not permissible in the eyes of law.
3. In their reply, the respondents have stated that Centralized Employment Notice RRC - 01/2019 was published on 23.02.2019, wherein Railway wise Page 10 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 11 OA No.203/186/2023 summary of vacancies have been notified. The relevant Paras of the notification dated 23.02.2019 are as under:
"8.0 VERTICAL RESERVATION 8.1 This CEN provides for Vertical Reservation for Scheduled Caste (SC), Scheduled Tribe (ST), Other Backward Classes (OBC)- Non Creamy Layer (NCL) and Economically Weaker Sections (EWS), wherever applicable and admissible, and as communicated by the Indenting Railways/Production Units under extant rules, as mentioned in the Vacancy Table.
8.2 All candidates, irrespective of community may be considered against UR vacancies, subject to fulfillment of parameters for UR candidates. However, against the vacancies earmarked for specific communities (SC/ST/OBC- NCL/EWS), only candidates belonging to that community will be considered. 9.0 HORIZONTAL RESERVATION:
9.1 This CEN provides for horizontal reservation for Ex-Servicemen (ExSM), Course Completed Act Apprentices (CCAA) trained in Railway Establishments and Person With Disabilities (PwBD) irrespective of their community.
12.0 RAILWAY ACT APPRENTICES 12.1 The vacancies to be filled from among the Course Completed Act Apprentices (CCAAs) trained in Railway Establishments and possessing National Apprenticeship Certificate (NAC) granted by National Council of Vocational Training (NCVT) is separately indicated in the vacancy table. This will be in the nature of horizontal reservation as in the case of persons with benchmark disabilities (PwBDs) and Ex-Servicemen. However, unlike in the case of PwBDs, there will be no carry forward of the unfilled vacancies, to be filled by this mechanism. In case of shortfall, the vacant slots shall be filled from others in the combined merit list." 3.1 The Railway Board issued instructions vide RBE No.71/2016 [ENG]II/2016/RR-1/8 dated 21.06.2016], providing that 20% of the vacancies in case of direct recruitment to posts/categories in Pay Band-1 in Page 11 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 12 OA No.203/186/2023 the pay scale of (Rs.5,200-20,200) having Grade Pay of Rs.1800/- shall be filled giving preference to Course Completed Act Apprentices [CCAAs] trained in Railway establishments and possessing National Apprenticeship Certificate [NAC]. The circular further provides that this will be in the nature of horizontal reservation as in the case of Persons with Disabilities (PWDs) and Ex-Servicemen. However, unlike in the case of PWDs, there will be no 'carry forward' of the-unfilled vacancies in this mechanism. In case of shortfall, the vacant slots shall be filled from others in the combined merit List.
3.2 In pursuance to the grievances received from candidates who applied in Centralised Employment-Notification (CEN RRC-01/2019), Railway Board had constituted a Committee which inter alia examined the concerns and suggestions of Course Completed Act Apprentices (CCAAs) also. Recommendations given by the Committee in respect of CCAAs have been accepted by the competent Authority and communicated vide RBE No. 51/2022 that CCAAs trained in Railway Establishments may be given due weightage for the same. One third of the marks of the final merit list after conduct of CBT shall be based on marks obtained in their NCVT examination and these candidates would be exempted from Physical Page 12 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 13 OA No.203/186/2023 Efficiency Test since they have already been trained in Railway Establishments and have gone through the rigors of working in Railways and have proven themselves in respect of meeting physical standards required for performing the requisite jobs in Railways. 3.3 Further, an Addendum No. 1 dated 12.08.2022 (Annexure A-7) regarding 'Percentile Score' dated 06.12.2022 (Annexure A-8) regarding 'Normalized Marks' was issued.
3.4 Para 2 of Annexure to RBE No. 71/2016, Annexure A/3, provides that Horizontal reservation cuts across Vertical reservation and those selected against the quota under the Horizontal reservation provided for CCAAs in terms of RBE No. 71/2016 have to be placed in the appropriate category in the reservation roster viz. SC/ST/OBC/UR depending upon the category to which they belong. List of candidates of CCAAs, PwBD and Ex.SM were provisionally short listed for document verification vide letter dated 28.01.2023. These addendums/corrigendum do not prejudice the applicants, who do not belong to CCAAs, PWBD and Ex Serviceman categories.
4. We have heard the learned counsel for the parties and perused the pleadings and the documents available on record. Page 13 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 14 OA No.203/186/2023
5. As per the notification (Annexure A-1) qua South East Central Railway, a total of 1664 vacancies were advertised (UR-797, SC-219, ST- 115, OBC-366 and EWS-167. These 1664 also includes 333 Ex- Serviceman, 333-CCAA and 84 PwBD. The grievance of the applicants is that under horizontal reservation among 366 OBC vacancies and 219 SC categories, 20% of the vacancies, i.e. 74 were to be reserved for CCAA candidates in OBC category and 44 for CCAA candidates in SC category while the respondents have called as many as 228 CCAA candidates from OBC category. This has deprived other OBC candidates for their empanelment through open selection.
6. The respondents have relied on the instructions contained in Para 2 of Annexure to RBE No.71/2016 (Annexure A-3), which provides that horizontal reservation cuts across vertical reservation and those selected against the quota under the Horizontal reservation provided for CCAAs in terms of RBE No.71/2016 have to be placed in the appropriate category in the reservation roster viz; SC/ST/OBC/UR depending upon the category to which they belong. However, RBE No.71/2016 cannot be read in isolation as the preceding paragraphs of the RBE deal at length as to how the Page 14 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 15 OA No.203/186/2023 vacancies for CCAAs are to be quantified under the respective categories. The relevant paragraphs i.e. Para 3 and 8 of RBE No.71/2016 (supra) are reproduced as under:
"3. To illustrate, if the notified vacancies in an Employment Notice issued by an RRC are 1000, the total number of posts reserved under vertical reservation will be: SC=150; ST=75; OBC 270, 505 unreserved and the vacancies for CCAAs will be 200 (for a 20% quota).
8. The selected CCAAs should then be adjusted against the respective community viz. SC/ST/OBC/UR depending upon the category to which they belong."
7. In this case, 366 posts are reserved for OBC category and 219 were reserved for SC category. As such, the horizontal reservation for CCAAs will apply to the extent of 20% for each of the above categories. Meaning thereby, for 366 posts reserved for OBC categories, the CCAAs belonging to the OBC category, are to be adjusted against 20% of 366 posts, which comes to 73. Similar treatment is to be given to the CCAAs under the SC category (44 posts). Therefore, calling the CCAAs in excess of quota reserved for them under OBC and SC category is not justified in the eyes of law and contrary to the instructions contained in RBE No.71/2016, as it has certainly prejudiced the non-CCAAs like the applicants, who have successfully undergone the recruitment process. Page 15 of 16 ANUPAM2026.01.19 16:24:48 MISHRA +05'30' 16 OA No.203/186/2023
8. Considering the overall facts and circumstances of the case, we direct the respondents to fill up 366 vacancies of OBCs and 219 vacancies of SC through horizontal reservation limiting 20% of the vacancies as vertical reservation to CCCAs under the Employment Notice (A-1) read with Para 3 & 8 of RBE 71/2016 (Annexure A-3). To this extent, the impugned letter dated 28.01.2023 (Annexure A-9) is set aside. This exercise should be completed within a period of 120 days from the date of receipt of a copy of this order.
9. With these observations, this Original Application is allowed. No order as to costs.
(Mallika Arya) (Akhil Kumar Srivastava)
Administrative Member Judicial Member
am/-
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