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(1) For serving Group 'D' Employees who are I.T.I. Trained from Recognised Govt., of India/Course completed Act, Apprentices in the Specified Electrical/Mechanical Trades can apply through proper channel;

(2) Casual Labours or Ex-casual labour who are I.T.I. Trained from recognized Govt. Institute/Course completed Act Apprentice of S.E.Rly. establishment in the specific trades can apply through proper channel.

(3) Course completed Act Apprentices in specified ElecL/Mech. Trades trained S.E. Rly. can apply directly.

(4) I.T.I. Trained Course completed Act Apprentices in the specified Trades from open market sponsored by Employment Exchange.

(5) Act Apprentice in specified elect/Mech. Trade can apply directly.

The applicants states that they were eligible for the posts they applied for and were called for the written test. After passing the written test they were called for viva-voce test, which was to be held on 15.2.1999. As per Notification dated 25.7.1997 it is clear that 240 Nos. of Gr.'D' staff are to be directly recruited from the open market and serving candidates for the specific Trades as per their qualification and experience within the jurisdiction of Adra Division. For General Services the break up was UR-20, SC-6, ST-4 and OBC-10 - 40 vacancies. For Traction Rolling Department (TRD) the break up is UR-100, SC-30, ST-22, OBC-48 = 200 vacancies. Thus total number of posts are 240 out of which J 20 posts are for UR, 36 posts were for SC, 26 posts were for ST and 58 posts were reserved for OBC category. According to percentage of reservation the prescribed quota is for SC-15%, ST-7.57c and OBC-27.5%. Thus against 240 posts the break up of reservation as per prescribed percentage is SC-36, ST-18, OBC-60. Due to addition of 8 Nos. of excess ST candidates, 8 Nos. of UR candidates have been deprived from having called for recruitment in the Group 'D' post. The respondents were going to recruit 46 SC candidates in place of 36 candidates. The respondents are going to recruit 27 Nos. of ST candidates in place of 18 Nos. of candidates. Moreover, the respondents are going to recruit 87 Nos. of OBC candidates in place of 60 Nos. of OBC candidates. Therefore, 10 SC, 9 ST and 27 OBC i.e. total 46 candidates are going to be recruited by the respondents exceeding the quota prescribed for them. The applicants claimed that all these persons indicated themselves to be reserved category candidate as per their qualification and as such they cannot be termed as General candidate as they were given relaxed standard benefits for getting qualification marks. Moreover, all the Scheduled Tribe candidates have been treated as ST candidates which is evident from the record and also ineligible to be called for viva-voce test which is categorically mentioned in the said order for viva-voce test dated 2.1.1999 under the heading of 'A' for ST candidates, Date of viva-voce of 43 ST candidates was fixed on 25.1.1999. Similarly 46 numbers of SC candidates were called for viva-voce test on phasewise on different dates as on 26.1.1999, 30.1.1999 and 1.2.1999 under the heading 'B' SC candidates. In the same way 192 numbers of OBC candidates were called for phasewise on different dates on 2.2.1999, 3.2.1999 and 4.2.1999, 5.2.1999 and 6.2.1999 under the heading of the 'C' OBC candidates. Therefore, there is no possible way to declare the reserved category candidate as General candidates. Those reserved candidates were called for viva-voce test and some of them were recruited from the illegal panel by sending them to medical test. The applicants state that if the recruitment is being processed in such a manner it would be found that that excess number of reserved category candidate would be recruited in violation of reservation roster and in violation of slot system i.e. in violation of the principles laid down in Hon'ble Supreme Court's judgment in R.K Sabharwal's case, Ajit Singh Januja's case and Virpal Singh Chouhan's case and as well as the decision of J.C. Mallick's case. The applicants further state that all the reserve category candidates appeared in the test as Reserve Category candidates and they have been given marks on relax standard as per their caste certificates and their names appeared in the panel under the specific heading of SC, ST and OBC candidates. They did not appear as General Category candidates and therefore they cannot be declared as General candidate by any manner whatsoever. But the panel was prepared exceeding their quota of 15% of SC, 7 and a half percent quota for ST and 27 and a half percent quota for OBC in violation of 7. C. Mallick, R.K, Sabharwal, Ajit Singh Januja and Virpal Singh Chouhan's case and as such the total recruitment process having been initiated in violation of the settled principle of law laid down by the Hon'ble Supreme Court, is liable to be cancelled forthwith.

3. The applicants alleged that as per the Employment Notice the serving Gr.D employees and Ex-casual Labourers and open market candidates and those who are ITI rained or Course completed Act Apprentice pass, only were to be called for and it was never mentioned that those who were holding Polytechnic Diploma such as Diploma in Electrical and Mechanical Engineer etc., would also be called for. Therefore higher technically qualified person were not to be given any preference for recruitment against the posts for specified trades. The applicants further allege that the rules have not been followed and higher qualified candidates i.e. those who have obtained Diploma in Electrical and Mechanical Engineering were called for the said test and ultimately recruited in place of ITI or Course completed Act Apprentices and Trained candidates only as stipulated in the employment notification in deprivation of the claim of the candidates for the said recruitment. However, several candidates who did not possess real certificates had also been called for recruitment for the said post. The applicants state that in the panel dated 26.3.1999 it is mentioned that the names of the candidates have been arranged in order of merit and community wise. It has also been mentioned that appointment of the selected candidates is subject to fulfillment of requisite terms and conditions and passing the prescribed pie-recruitment medical examination in appropriate medical category. However, it has been clarified that the said panel is purely provisional and after passing the viva-voce test on different dates roll Nos. of all the ST candidates have been arranged under the heading of "A" for ST candidates. Not only that the viva-voce tests of all SC candidates were taken separately on a specific date of 25.1.1999. Similarly under the heading of 'B' for SC candidates all the Roll Nos. of the SC candidates have been arranged under the said head of SC candidates and the viva-voce test were held only for the SC candidates. Viva-voce test for all the categories were taken on different dates. From the result of the written test it is proved that the reserved community candidates have been given the benefit of reservations by giving them relaxed standard and treating them exclusively as reserved community candidate and as such they can not be treated and declared as general candidate and their names can not be included in the panel exclusively on merit, but exclusively as reserve community candidate i.e. SC, ST & OBC candidates. Accordingly 42 Nos. of ST candidates were qualified in the written test and as such they were called for the viva-voce test. Similarly 113 Nos. of SC candidates were qualified in the written test by way of relaxed standard. In the same way 192 Nos. of OBC candidates were qualified. Thus none of them qualified in the written test according to their own merit but on relax standard treating them exclusively as reserve community candidate and as such they can not be treated to have been declared on merit and cannot usurp the panel exclusively fixed for General Category. Respondents have declared many reserved community candidates who have been qualified on general merit in violation of the judgments of the Hon'ble Supreme Court and in violation of the reservation rules which ultimately led to 10 posts of SC, 9 posts of ST and 27 posts of OBC in excess which were actually meant for the General Category. Thus 46 Nos. of reserved category candidates have been illegally included in the said panel. The applicants made several representations but since nothing has been done on the part of the respondents. Therefore the applicants have filed this O.A. praying for the aforesaid reliefs.