Central Administrative Tribunal - Allahabad
Lokendra Singh Meena vs Railway Recruitment Board on 21 October, 2024
(Reserved on 23.09.2024)
CENTRAL ADMINISTRATIVE TRIBUNAL
ALLAHABAD BENCH, ALLAHABAD.
(Pronounced on the 21st day of October, 2024)
Original Application No. 450/2018
Hon'ble Mr. Justice Rajiv Joshi, Member (Judicial)
Hon'ble Mr. Anjani Nandan Sharan, Member (Administrative)
Lokendra Singh meena Son of Hans Ram Meena, Resident of Rajpur, Post
Barodakan, Tehsil Kadhumar, District Alwar (Rajasthan).
.....Applicant
By Advocate: Shri M S Pipersenia
VERSUS
1. Government of India, Ministry of Railways, Railway Recruitment
Boards, New Delhi.
2. Railway Recruitment Board, New Delhi.
3. North Central Railway Headquarters Office, Personnel Department,
Allahabad.
. . .Respondents
By Advocate: Shri Saurabh
ORDER
By Hon'ble Mr. Anjani Nandan Sharan, Member (Administrative) The instant Original Application has been filed u/s 19 of the Administrative Tribunal Act, 1985 seeking following reliefs :-
.... 8(i) Issue an order to quash the order cum information dated 13.12.2017 so far as it relates at serial no. 1 in the letter itself.
(ii) Issue an order directing the respondents to issue the appointment letter to the applicant for the post of ALP & PRIYADARSHANA Technician in the department in pursuance of the CEN No. 1 of 2014.
(iii) Issue an order directing the respondents to permit the applicant to join on the post of ALP & Technician in the department in pursuance of selection held by the respondents in view of the CEN No. 01 of 2014 and further permit the applicant to join on the post of ALP and Technician in the Department and permit to work the applicant on the pot and further pay the regular salary to the applicant."
2. The brief facts of the case as narrated by the applicant, are that the applicant namely Lokendra Singh Meena who is a Scheduled Tribe candidate submitted an application in accordance with Centralised Employment Notice (CEN) No. 01/2014. The written examination was held on 29.06.2014 and the applicant appeared in written examination at Lucknow in all papers. The applicant qualified the written examination and as such, he was invited for Psycho Aptitude test on 07.12.2015. The applicant qualified in written examination and has secured 22.80% out of 30 marks in Psychological Aptitude Test.
3. After Psychological Aptitude Test, the applicant was called for document verification on 18.05.2016. On the said date, the documents were verified but the applicant has not been informed about the result. Further, vide communication letter dated 13.12.2017, the applicant has been provided with the details of marks obtained by the applicant in written examination and Psychological Aptitude Test wherein the applicant has been informed for the first time that since the applicant's educational qualification was after the last date in CEN as such, the application of the applicant was PRIYADARSHANA Page 2 of 6 rejected and the applicant's selection for Assistant Loco Pilot (ALP) could not be proceeded to. The respondents have not passed any order rejecting the candidature of the applicant. The respondents have permitted the applicant to appear in the written examination, Psychological Aptitude Test and document verification and at any point of time, the respondents have not cancelled the applicant's candidature. The vacancies are still lying vacant. The vacancy is of the year 2014 and the candidature has been rejected on 10.12.2017. Aggrieved by this, the applicant has filed this Original Application and prayed to grant him the relief as claimed.
4. Upon notice, the learned counsel for the respondents have filed counter affidavit wherein it is stated that the Government of India, Ministry of Railways, Railway Recruitment Board published employment Notice No. 01 of 2014 for selection to the various categories posts of Technicians including the post of Assistant Loco Pilot under Category No. 1. The educational and technical qualification for the above post of Assistant Loco Pilot was:-
"Matriculation plus course completed Act apprentice/ITI approved by NCVT/SCVT in the trade of fitter/Electrician/ Instrument Mechanic/Mill Wright Maintenance Mechanic/Mechanic (Radio&TV) /Electronic Mechanic/Mechanic (Motor Vehicle)/Wireman/Tractor Mechanic/Armature and coil Winder/Mechanic (Diesel) / Heat Engine / Turner/ Machinist/ Refrigeration & Air Condition Mechanic or Three Years Diploma in Mechanical / Electrical /Electronics /Auto Mobile Engg. in lieu of ITI. Candidates having higher educational qualification B.Tech in PRIYADARSHANA Page 3 of 6 Mechanical /Electrical/Electronics Automobile Engg recognized by AICTE are also eligible."
5. It was notified under para 1.01(B) of Employment notice that before applying for any post, candidates should ensure that they fulfill all the eligibility norms. Candidates should have requisite Education Technical qualification from recognized Board University NCVT/SCVT as on the date of submission of the application for Centralized Employment Notice. Those awaiting result of the final examination need not apply. It has been stated that the applicant applied for the post of Assistant Loco Pilot & Technicians against above notification without having Education/Technical qualification at the time of filling up application form. The applicant has completed Education/ Technical qualification essential for the posts after closing date of Centralized Employment Notice as the applicant has passed the All India Trade Test for Craftsmen Training Scheme in the month of July 2024 whereas the closing date of Centralized Employment Notice was 17.02.2014. Hence, the candidature of the applicant against above notification has been cancelled.
6. It is further stated that final result against the abovementioned advertisement has been declared on 05.05.2017 in which all information regarding selected candidates, cut of marks of selected candidates, list of candidates whose result had been withheld and candidature has been cancelled were uploaded on RRB website along with reason of withholding and cancellation of candidature of candidates.
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7. The applicant has also filed rejoinder affidavit on 12.04.2024 to rebut the submissions made by the respondents in their counter affidavit.
8. Heard Shri M.S.Pipersenia, learned counsel for the applicant and Shri Subhash Chandra Mishra, learned counsel for the respondents and perused the materials available on record.
9. After careful consideration of the facts and submissions made by both parties, it is seen that Railway Recruitment Board published Central Employment Notice (CEN) No. 01/2024 for the post of Assistant Loco Pilot & Technician categories on 18.01.2021. Applications were to be submitted by 17.30 pm on 17.02.2024. Para 1.01(B) of CEN, is as under:
"before applying for any post, candidates should ensure that they fulfill all the eligibility norms. Candidates shuld have requisite Education/Technical qualification from recognized Board/University/NCVT/SCVT as on the date of submission of the application for Centralized Employment Notice. Those awaiting results of the final examination need not apply."
The applicant namely Lokendra Singh Meena passed the All India Trade Test for Craftsmen Training Scheme in the month of July, 2014 and the closing date of submission of form for the above notification was 17.02.2014. It is also seen that in response to the application of the applicant under RTI Act-2005, it has been informed that:-
...... "उऩयोक्त संदर्बित आवेदन द्वाया CEN-01/2014. ऩद- ALP&TECH. के संफध ं भें भांगी गई सूचना का वववयण ननम्न प्रकाय है -
1. आऩके शैऺणणक मोग्मता के ऩूणि होने की नतथथ उक्त CEN के अंनतभ नतथथ के फाद की होने कायण सहामक रोको ऩामरट ऩद के र्रए आऩकी अभ्मथथिता यद्द कय दी गई।
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2. सहामक रोको ऩामरट एवं टे क्क्नर्शमन का कट ऑप भाक्सि ये र बती फोर्ि, इराहाफाद की वेफसाइट ऩय उऩरब्ध है कृप्मा अवरोकन कयें ।
3. आऩके द्वाया उक्त र्रणित ऩयीऺा भें प्राप्त अंक 52.22% (After Normalization) है । आऩके द्वाया सामको एक्प्टट्मूर् टे स्ट भें प्राप्त अंक 22.80 (out of 30) है ।"
10. In view of the above, it is observed that the applicant did not possess the requisite qualification at the time of submitting the application form. Para 1.01(B) of General Instruction of CEN is very clear in this regard. These facts have also been communicated to the applicant in response to his application under RTI Act, 2005. Hence, the instant Original Application is devoid of merit and is liable to be dismissed.
11. Therefore, the instant Original Application is dismissed and all associated MAs stand disposed of, accordingly. No order as to costs.
(Anjani Nandan Sharan) (Justice Rajiv Joshi)
Member-A Member-J
/Priyadarshana/
PRIYADARSHANA
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