Central Administrative Tribunal - Jabalpur
Satendra Singh Sengar vs M/O Railways on 22 April, 2026
1 O.A.No. 200/00253/2015
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00253/2015
Jabalpur, this Wednesday, the 22nd day of April, 2026
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE MS MALLIKA ARYA, ADMINISTRATIVE MEMBER
Satendra Singh Sengar S/o Shri, Lochan Singh Sengar,
Aged about 27 years, behind School No.1,
Vishnu Vuhar Colony, Chhatarpur-471001 (Μ.Ρ.)
-Applicant
(By Advocate -Shri Praveen Dubey)
Versus
1. The Union of India,
Through the Secretary,
Ministry of Railway, Rail Bhawan,
Rafi Marg New Delhi 110001.
2. Railway Recruitment Board
Through its Secretary
East Railway Colony, Bhopal 462005(Μ.Ρ.)
3. Divisional Railway Manager, Western Railway,
Mumbai Central Mumbai-400001 (Maharashtra)
4. Senior Divisional Medical Officer,
Western Railway,
Health Unit, Mumbai Central
Mumbai-400001 (Maharashtra)
- Respondents
(By Advocate -Shri S.P.Singh)
RAJ Digitally signed by RAJUL
NAMDEO
DN: C=IN, O=Personal,
PostalCode=482004, L=Jabalpur,
S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal,
UL
Andhuwa, Jabalpur Madhya
Pradesh India 482004", T=9136,
Phone=
e125d5860c1f7a1e0a12bbccc5e9
50204860d7795912c018822fac8
6d32130fe, SERIALNUMBER=
NAM
ea8eccfd52644dcb30af620f19c18
d39662134c765dec84aec2c142b
41c6e609, E=chiyapari3@
gmail.com, CN=RAJUL NAMDEO
Reason: I am the author of this
document
Location:
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2 O.A.No. 200/00253/2015
ORDER
BY JUSTICE AKHIL KUMAR SRIVASTAVA, JM:-
By way of filing this Original Application, the applicant is challenging the order dated 03.03.2015 by which the candidature of the applicant has been rejected for appointment under various categories due to the reason of colour blindness.
2. The brief facts of the case is that the respondent no.1 advertised the vacancies of various class III post for recruitment by Railway Recruitment Board by notification dated 12.05.2012 (Annexure A/2).
The applicant applied for all the seven categories of post advertised alongwith all the requisite documents including the fitness medical certificates issued by Dr. Gupta, Eyes Specialist, Chhatarpur. A copy of the format of medical certificate is annexed with application form by the present applicant is annexed as Annexure A/3. The present applicant was subjected to three different tests held on 09.12.2012, 18.08.2013 and 20.01.2014 i.e. first stage examination, second stage examination and aptitude test respectively. By another letter dated 29.08.2014, the applicant was called for verification of documents including the medical certificate. Vide order dated 10.01.2015, respondent No.2 informed the applicant that, his candidature has been recommended for the post of RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, Asst. Station Master. It was further mentioned that, the appointment of PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, UL Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b applicant could be cancelled if it is found that any information furnished 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO Reason: I am the author of this document Location:
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2024.3.0 Page 2 of 9 3 O.A.No. 200/00253/2015 by applicant is false or the applicant has been debarred by any of the RRB's or RRC's or any other Government agencies. The respondent No.3 by letter 11.02.2015 (Annexure A-9) issued the appointment order to the applicant to the post of Asst. Station Master in the time scale 5200-20200-2800/-(GP). The particular attention is drawn to category 4, 6 and 7 of the advertisement and the result sheet wherein the minimum cutoff mark in comparisons to category no.7 has been less than the present applicant which indicates that if the present applicant would have considered under category 6, the applicant would have found his place for category no.5 and 6. Under reservation category the present applicant ought to have been considered under medical category no.C1, C4 and not under category C2. It also provided that, if the suitable post is not available then such persons may be kept on a supernumerary post until suitable post is available. The Government of India, Ministry of personal/public grievances department has issued a circular dated 27.02.1996 about reservation to disabled person, a copy of this is Annexure A/12. One Manoj Kumar, who was initially selected for the post of Commercial Trainee & later on, medically de-categorized, appointed on the post of Senior Store Clerk, as per order dated 04.05.2009. However, the applicant, who is ready to accept alternative RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, UL appointment, no action is being taken and impugned order has been Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO passed. Hence, this Original Application, Reason: I am the author of this document Location:
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3. The respondents have filed their reply wherein it has been submitted that Notification No. 03/2012 was issued by Nodal Railway Recruitment Board (RRB) Ajmer with the direction of Railway Board, Rail Ministry, New Delhi for various posts of Non-Technical Popular Categories (NTPC) Graduate for all RRBs. The Notification was published through Employment News/Rojgar Samachar dated 12-18 May 2012 and websites of RRBs. In the Notification total six posts (Cat.01 Commercial Apprentice, Cat.2 - Traffic Apprentice, Cat.3-
Enquiry Cum Reservation Clerk, Cat.4 Goods Guard, Cat.6 Senior Clerk Cum Typing Clerk and Cat.7-Assistant Station Master) were published for the Railway Recruitment Board Bhopal. Through this Notification single (i.e. common) application was invited from eligible Indian Nationals for all the notified categories to the concerned RRB. The candidates who qualify the preliminary (stage I) Exam were called for Main (second stage) written exam with the instructions on their call letter that "the candidates should submit their Options for all the notified categories, duly indicating their order of preference for each individual category at the time of Main (2nd stage) Exam." The respondents further submitted that the applicant was a candidate bearing Roll No. 15123011029436 and after qualifying the preliminary (stage I) Exam RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, UL called for Main (second stage) written exam which was held on Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO 18.08.2013 and he secured 67.57 % normalized marks. The applicant Reason: I am the author of this document Location:
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2024.3.0 Page 4 of 9 5 O.A.No. 200/00253/2015 was also called for Aptitude test of Cat.-7 for Assistant Station Master and he obtained 47.299% normalized marks [70% marks of Main (second stage) written Exam] and 21.45% marks (30% marks of Aptitude test marks) Total 68.749% marks. As per choice of post preference shown on his counterfoil (R-1) of admit card and merit position by secured marks in main written examination and Aptitude test marks his name was recommended for the post of Assistant Station Master to Chief Personal Officer Western Railway Church Gate Mumbai for giving the appointment against the vacancy given on their Indents. The applicant was absent in typing test of Cat. 06 Sr. Clerk Cum Typist and secured below marks from lower cut off (last selected candidates) of Cat.01 Commercial Apprentice, Cat.2 -Traffic Apprentice, Cat.3 Enquiry Cum Reservation Clerk, Cat.4 Goods Guard and his name was recommended for Cat. 7 for Assistant Station Master. Therefore as per the merit position and option submitted by the applicant there is nothing wrong in offering him the post of Assistant Station Master.
4. The applicant has filed the rejoinder to the reply filed by the respondents wherein the applicant re-iterating its earlier stand have further submitted that in both the examinations that is preliminary and RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, main second examination, the applicant has scored 67.57 % of Marks. UL Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 The applicant was called for aptitude test for category 7 (Assistant 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO Reason: I am the author of this document Location:
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2024.3.0 Station Master) and qualified for the same but due to partial colour Page 5 of 9 6 O.A.No. 200/00253/2015 blindness the applicant has been disqualified and his appointment order has been withdrawn. It is submitted that respondents have made incorrect statement that the applicant absented in the typing test for category 6 (senior clerk cum typist) and scored lesser marks then the last candidate appointed of category serial No. 1 to 4. The applicant was never called to appear in the typing test.
5. The respondents have also filed the additional reply to the rejoinder filed by the applicant and submitted that bar perusal of the said order makes it very clear that vide order dated 03.03.2015 applicant was advised that if he is aggrieved then he may prefer an appeal within one month, but it is very clear from the original application that applicant has not filed any appeal Therefore it is very clear that applicant not availed the department remedy which was available to him. The respondents further submitted that now the policy regarding providing alternative appointment to the medical failed candidates is no more in existence, the Railway Board vide Circular No 99/E(RRB)/25/12 dated 25.05.2009 (RBE No.90/RRCB No.01/2009) specifically dealing with the same subject, the circular dated 28.7.2010 states that the discretionary powers earlier delegated to General Managers of all Zonal Railway/Production RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, Units for considering such cases for providing alternative appointment in UL Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 same grade to medically unfit empanelled candidates have been ceased 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO Reason: I am the author of this document Location:
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2024.3.0 Page 6 of 9 7 O.A.No. 200/00253/2015 to exist with immediate effect from the date of issue of Board's Circular dated 25.05.2009.
6. We have heard the counsel for both the sides and having perused the materials available on record.
7. The learned counsels for the applicant as well as respondents have reiterated their submissions made earlier.
The question which requires to be considered is as to whether the applicant, in absence of rules/provisions of law, has any right to seek alternate appointment when he is found medically unfit.
8. As per the advertisement No. 03/2012 issued by Railway Recruitment Board, the applicant had applied for all the seven categories of posts. After having declared successful in written examination, he was selected for the said post. He was sent for training, thereafter, he was referred for medical examination. As per the certificate of physical fitness dated 03.03.2015, the applicant was declared unfit for the post of Aye-two and also with colour blindness. Earlier to Railway Board circular dated 04.05.2009 candidates were considered for alternative appointment in Railways, but since issue of the Railway Board Circular dated 04.09.2001, it was clarified that the candidates who failed in medical examination for the category of Assistant RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, UL Driver/ASM/Motor Man will not be eligible for any alternate Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO appointment in Railways. It was also clarified in the said circular that Reason: I am the author of this document Location:
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2024.3.0 Page 7 of 9 8 O.A.No. 200/00253/2015 certain candidates who are found unfit after empanelment applied for the post though they were aware that they do not confirm to the medial standards required for the job and perhaps they do so because of alternate employment in the event of failure. However, this leads to vacancies for long period in these important critical safety categories, which is not desirable from safety point of view. Thus, alternate appointments were discontinued. As far as grounds raised by the applicant that similarly situated persons have been considered for alternate appointment, inspite of vacancies but he has not been considered for the post fit for A/3 and below categories cannot be accepted. It is clear that after the Railway Board letter RRCB No. 05/2001 dated 04.09.2001, it is banned to consider candidates for alternate appointment. In the present case the applicant was born on the panel of 2015 while the claim for providing the alternate appointment was discontinued since 04.09.2001. Thus, non-granting of alternate appointment to the applicant cannot be said to be illegal or violative to fundamental rights as there is no case of discrimination on the part of the respondents.
9. Going to the case of Principal Bench of this Tribunal in O.A. No. 814/2012 in the matters of Shri Mukesh Kumar Meena vs. UOI & Ors., RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, UL it was clarified that when a policy had already been changed and Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO Railway Board has decided for cogent reasons set forth in their Circular Reason: I am the author of this document Location:
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2024.3.0 Page 8 of 9 9 O.A.No. 200/00253/2015 dated 25.05.2009 not to entertain such applications which are rejected on medical grounds for alternate appointment. Thus, since the present case also covers the same subject, there is no justification on part of applicant to seek alternate appointment in absence of any provision of law or rules. We find that alternate appointment cannot be given as a matter of right. Railway Board's letter dated 04.09.2001 clarifies the said issue and it is clear that the same cannot be allowed.
10. In view of the observations made above, we did not find merits in the present Original Application. Accordingly, there deserves no interference in the present case, such impugned order cannot be interfered. Accordingly, the present Original Application deserves to be dismissed and the same is dismissed. No costs.
11. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed of.
(Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member rajul RAJ Digitally signed by RAJUL NAMDEO DN: C=IN, O=Personal, PostalCode=482004, L=Jabalpur, S=Madhya Pradesh, STREET="
3850, Shubhash Nagar Aadhartal, UL Andhuwa, Jabalpur Madhya Pradesh India 482004", T=9136, Phone= e125d5860c1f7a1e0a12bbccc5e9 50204860d7795912c018822fac8 6d32130fe, SERIALNUMBER= NAM ea8eccfd52644dcb30af620f19c18 d39662134c765dec84aec2c142b 41c6e609, E=chiyapari3@ gmail.com, CN=RAJUL NAMDEO Reason: I am the author of this document Location:
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