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6. The main ground to file the present petition challenging the impugned order dated 21.04.2023 passed by the learned Central Administrative Tribunal (hereinafter referred to as "learned Tribunal) is that in the office letter dated 11.07.2017, issued by Chairman, Railway Recruitment Cell, Northern Railway, it is stated that the posts of ASM and Goods Guard require educational qualification of graduation and medical fitness in Aye-two medical category. For said purpose, a candidate who is not graduate and/or not fit in medical category of Aye- Two is not eligible to be considered for these posts. There may be candidates who were sent for medical examination in Aye-two and below category and were not found fit in Aye-two but found fit in lower medical category Bee-One, Bee-two, Cey-one, Cey-two etc. However, W.P.(C)13271/2024 Page 2 of 11 pages these candidates are not eligible to participate in the selection process. Also, there may be few candidates who were not sent for Medical Examination in Aye-two or above medical category and accordingly declared fit in the specified medical category for which sent for medical Examination. The claim of such candidates to participate in the Aptitude test could not be rejected outrightly without getting them medically examined in Aye-two medical category.

10. Further case of the respondent before the learned Tribunal was that after being declared successful in written examination, aptitude test and documents verification, merit for provisional empanelment was declared and 21 candidates of reserved categories had been placed at S.No.14 (3002300704). The DPO/FZR issued a medical memo to the respondent for re-medical examination in Aye Two category on 20.11.2017. After medication examination, the respondent was declared medically fit in Aye Two category. However, after being declared successful in the entire selection process including medical examination in Aye Two category for the appointment, the petitioners showed reluctance to issue the appointment letter on the baseless ground.

16. Learned counsel appearing on behalf of the petitioners submitted before the learned Tribunal that during verification it was observed that respondent herein did not fulfil the eligibility condition of medical fitness in Aye-two medical category, as he had already been examined in Aye-one medical category, higher than required eligibility fitness category i.e. Aye Two, earlier at the time of appointment and was W.P.(C)13271/2024 Page 6 of 11 pages declared fit in Aye-three and below medical category vide Railway medical Memo No.263690 dated 16.05.2008.

18. As per notification of RRC dated 11.07.2017, the posts of ASM and Goods Guard required educational qualification of graduation and medical fitness in Aye two medical category. For this reason, a candidate who was not a graduate and/or not fit for medical category of Aye Two, was not eligible to be considered for these posts. There may be candidates who were sent for medical examination in Aye two and below category and were not found fit in Aye two but found fit in lower medical category i.e. Bee-One, Bee-two, Cey-one and Cye two etc. These candidates were not eligible to participate in the selection process. Also, there might be a few candidates who were not sent for Medical Examination in Aye-two or above medical category and accordingly, W.P.(C)13271/2024 Page 7 of 11 pages declared fit in the specified medical category for which they were sent. The claim of such candidates to participate in the Aptitude test could not be rejected.