Central Administrative Tribunal - Delhi
Raj Kumar Yadav vs Union Of India Through The General ... on 27 March, 2015
Central Administrative Tribunal Principal Bench, New Delhi O.A.No.1182/2015 Friday, this the 27th day of March 2015 Honble Mr. G. George Paracken, Member (J) Honble Mr. Shekhar Agarwal, Member (A) Raj Kumar Yadav, aged 22 years s/o Mr. Mitrasen Yadav r/o Vill Kanharka, Post Kotkasim Teshil Kotkasim, Distt. Alwar (Raj 301702) ..Applicant (By Advocate: Mr. Yogesh Sharma) Versus 1. Union of India through the General Manager Northern Railway, Baroda House, New Delhi 2. The Assistant Personnel officer Railway Recruitment Cell Lajpat Nagar I, New Delhi-24 ..Respondents O R D E R (ORAL) Mr. G. George Paracken, Member (J):
In this Original Application, the Applicant is seeking the following relief(s) and interim relief:-
Relief(s):-
(i) That the Honble Tribunal may graciously be pleased to pass an order declaring to the effect that the whole action of the respondents not declaring merit/marks of the applicant and other candidates obtained in the written is totally illegal, arbitrary and discriminatory and consequently, pass an order of quashing the result declared on internet Annexure A/I.
(ii) That the Honble Tribunal may further graciously be pleased to pass an order directing the respondents to declare the marks obtained by the applicant, all other candidate in the written examination including the shortlisted candidates and cut off marks if any for selection.
(iii) That the Honble Tribunal may further graciously be pleased to pass an order directing the respondents to consider the applicant to any posts in Northern Railway as per the employment notification dated 30.12.13 with all consequential benefits from the date of appointment of similarly situated persons from the same employment notification if after declaring the marks of the applicant, he has secured more marks than the last selected candidate.
(iv) Any other relief which the Honble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation. Interim relief:-
Pending final disposal of the main OA the Honble Tribunal may graciously be pleased to pass an order directing the respondents to provisionally allow the applicant to appear in the physical examination decided to be held on 23.03.2015 to 30.03.2015 and also pass an order to keep one post vacant till the final disposal of the main O.A. in respect of vacancies advertised vide employment notification dated Notification 220-E/Open Market/2013 DT 30.12.13. Any other relief which the Honble Tribunal deem fit and proper may also be granted to the applicant.
2. According the learned counsel for the Applicant, candidature of the Applicant has been rejected by the respondents without assigning any reason and without disclosing the marks obtained by him in the written examination.
3. In view of the above position, we dispose of this OA at the admission stage itself with a direction to the respondents to disclose the marks obtained by Applicant and if he has secured more marks than the marks secured by the last selected candidate, he shall also be allowed to participate in the physical examination scheduled to be held on 23.03.2015 to 30.03.2015. The Respondents shall also inform him the marks obtained by him in the written examination within 15 days from the date of receipt of a copy of this order. There shall be no order as to costs.
Service dasti.
( Shekhar Agarwal ) (G. George Paracken )
Member (A) Member (J)
/ravi/