Central Administrative Tribunal - Jabalpur
Vikash Kumar Vasnik vs M/O Railways on 4 January, 2024
1 O.A.No. 200/00986/2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
JABALPUR
Original Application No.200/00986/2016
Jabalpur, this Thursday, the 04th day of January, 2024
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SHRI KUMAR RAJESH CHANDRA, ADMINISTRATIVE MEMBER
Vikas Kumar Vasnik
S/o shri Hemraj Vasnik
Aged about 38 years,
R/o Village & Post Mohgaon
B Malajkhand, Tehsil Baihar
District Balaghat (MP) PIN Code 481118 -Applicant
(By Advocate -Shri R.B. Dubey)
Versus
1. Union of India,
Through its Secretary
Ministry of Railway
Railway Board,
New Delhi 110011
2. Railway Recruitment Board,
East Railway Colony, Bhopal 462053
through its Chairman. - Respondents
(By Advocate -Shri S.P. Singh)
(Date of reserving the order:-21.11.2023)
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2 O.A.No. 200/00986/2016
ORDER
By Justice Akhil Kumar Srivastava, JM;
The applicant in this Original Application has prayed for direction to respondents to appoint him on the post of Assistant Station Master where the applicant was selected thereafter during the time of verification of document declared disqualified. Further he prayed for direction to appoint him in the substantial post in pursuance to the impugned advertisement.
2. Briefly stated the facts of the case that the applicant applied for the post of Assistant Station Master as per the applications invited by the respondents. He was issued admit card for written examination and qualified all the stage of examination. He submitted his certificate for document verification as called for by the Railway Recruitment Board (RRB) on 02.09.2014 (Annexure A/5). On not receiving any information applicant filed application under Right to Information Act whereby respondents have informed him that he was not qualified. He filed appeal to the respondents but the same was not considered. Hence this Original application.
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3. Learned counsel for the applicant submitted that the RRB Mumbai declared result dated 18.11.2014 whereby there was no cut off marks mentioned whereas in the case of applicant he was declared disqualified on the ground of cut off marks. No other RRB has declared candidates disqualified on the basis of cut off marks. If applicant has not been considered for appointment on the post of Assistant Station Master he could have given appointment on the substantial post as the same was also advertised.
4. Respondents in their reply have submitted that the applicant was called for document verification as standby candidate except Senior Clerk cum Typist Cat. No.6 and Assistant Station Master Cat. No.07 as he was found unsuitable in aptitude test for Assistant Station Master Cat. No.07 and absent in Typing skill test for Senior. Clerk cum Typist Cat. No.6. Applicant secured below marks than last selected candidates for all opted categories (posts) therefore he could not be selected in any posts. Applicant is a Scheduled Caste candidate, he secured normalized marks 63.46% and as per final result declared on 31.12.2014 lower cut off normalized marks of selected candidates are as under:-
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Cat No. & Lower (Cut-off) normalized marks obtained by the Name of posts. candidates (% age) Unreserved Other Backward Scheduled Scheduled class Caste Tribe Cat.01 83.62 82.44 74.5 80.63 Commercial Apprentice Cat.2 Traffic 79.62 78.85 73.29 72.99 Apprentice Cat. 3 Enquiry 82.44 No Vacancy 72.23 70.9 Cum Reservation Clerk Cat.4 Goods 75.00 70.97 65.01 65.23 Guard Applicant submitted his options and preference given (choice-
1) Commercial Apprentice, (choice-2) enquiry cum reservation clerk, (choice-3) Traffic Apprentice, choice-4 Goods Guard, (choice 5) Senior Clerk cum Typist and (choice-6) Assistant Station Master. He secured normalized marks 63.46% he was found unsuitable in aptitude test for Assistant Station Master and absent in typing test for Senior Clerk cum Typist. Since applicant secured below marks than last selected candidates for all opted categories he could not be selected in any posts.
5. Applicant has filed rejoinder to the reply filed by the respondents reiterating the averments made in the Original Application.
6. We have heard the learned counsel for the parties and perused the pleadings and documents annexed therewith.
7. We find that the applicant had applied and qualified in the preliminary (stage I) exam and subsequently called for Page 4 of 5 5 O.A.No. 200/00986/2016 main (Stage II) written exam held on 18.08.2013 wherein he secured 63.46% marks i.e. he secured 28, 29, 32, 52 and 54 T-score marks and found not suitable in category 7 Assistant Station Master. In category 6 Typing Skill Test applicant was absent as is evident from Annexure R-6. From category 1 to 4 normalized cut off marks was 74.5, 73.29, 72.23, 65.01 for Scheduled Caste and applicant secured below marks than last selected candidates for all opted categories. On perusal of the documents it is observed that there is no deviation in the selection and entire selection process is followed in toto. Therefore we do not find any merits in the case as the applicant had secured less marks to qualify the aptitude test.
8. Accordingly, this Original Application is dismissed. No costs.
(Kumar Rajesh Chandra) (Akhil Kumar Srivastava) Administrative Member Judicial Member kg/-
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