Chitralok Prajapat Son Of Badan Singh Resident Of Garu, Garoo Alwar, District Alwar, Rajasthan vs Union Of India, Through Its Secretary, Ministry Of Railway New Delhi. & Ors

Anjani Nandan Sharan, Member (A)

Heard Shri Mayank Prakash Rawat, learned counsel for the applicant and Shri Raj Pal Singh, learned counsel for the respondents.

The instant Original Application, under section 19 of the Administrative Tribunal Act, 1985, has been filed by the applicant, seeking followingreliefs:

"(a) Issue a order or direction in the nature of certiorari to set-aside the order dated 14.08.2024 passed by Chairman of Railway Recruitment Board, Gorakhpur.

(b) Issue a order or direction in the nature of mandamus directing to the respondent no.2 i.e. Railway Recruitment Board, Gorakhpur District Gorakhpur to appointment of the applicant for the post of Assistant Loco Pilot in Gorakhpur Board.

(c) The Hon'ble Tribunal may be pleased to issue direction to the respondent no.2 for giving benefits of the Centralized Employment Notice (CEN) no.01/2018.

(d) Any other relief which this Hon'ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

(e) Award the cost of the original application in favour of the applicant"

The facts, as stated by the applicant, are that the Railway Recruitment Board (RRB), Gorakhpur issued an advertisement dated 03.02.2018 for recruitment to the post of Assistant Loco Pilot (ALP) vide its Centralised Employment Notice (CEN) No. 01/2018. The applicant applied online for the said post in North Eastern Railway on 21.03.2018 and participated in all stages of the selection process. He appeared in Computer Based Test (CBT)-I on 13.08.2018, CBT-II on 23.01.2019, and the Computer Based Aptitude Test on 10.05.2019 and qualified the same. Thereafter, an e-call letter was issued and the applicant was called for document verification and medical examination on 24.06.2019. The applicant's roll number was included in the provisional panel of selected candidates published by the respondents on 19.01.2021. However, no appointment letter was issued to him. Consequently, the applicant sought information through RTI on 03.01.2023 regarding his appointment. Thereafter, he approached this Tribunal by filing O.A. No. 694 of 2024, wherein he was directed to submit a representation and the competent authority was directed to decide the said representation within30 days of the receipt of the order. In compliance, he submitted a representation on 16.07.2024, however, the Chairman, RRB Gorakhpur rejected his claim by a speaking order dated 14.08.2024 on the grounds of alleged mismatch of documents relating to educational qualification of the applicant. However, it is the contention of the applicant that he had shown both the documents related to electronic engineering as well as computer engineering at the time of documents verification, but the respondents have not provided the appointment letter to the applicant. Feeling aggrieved, the applicant has approached this Tribunal by filing the instant Original Application.

In the counter affidavit filed by the respondents, it has been stated that the applicant applied for Assistant Loco Pilot through Centralized Employment Notice No. 01/2018. The applicant had filled his educational qualification in the application form as "Diploma in Electronic and Computer Engineering", which he completed from Dausa, Rajasthan. On the basis of the aforesaid qualification, the applicant was allowed to appear in the examination. Thereafter, the applicant qualified the said examination. After qualifying the examination, the applicant was called for documents verification on 24.06.2019, wherein the applicant produced the "Diploma in Computer Science and Engineering" qualified from Board of Technical Education, Rajasthan, which was different from the qualification filled by the applicant in the application form. The applicant had annexed Diploma in Electronic Engineering passed from Colorx Teachers University, Ahmedabad, Gujarat, which was not mentioned in the application form and the same was not produced by the applicant at the time of documents verification done by the respondents. Further, there was no post for Diploma in Computer Science and Engineering as educational qualification for the post of ALP. Therefore, the impugned order passed by the respondents is legal and valid and the same has been passed by the competent authority after due application of mind. Hence, the respondents have not performed any illegality or infirmity in the case of the applicant.

In response, the applicant has filed a rejoinder affidavit stating therein that the applicant has both the degree of Computer Science as well as Electronic Engineering, which was available with the applicant at the time of documents verification and the same was shown to the competent authority during the documents verification. Thereafter, the RRB, Gorakhpur qualified the applicant in documents verification and published the Roll Number of the applicant on the panel list but RRB Gorakhpur has not issued the joining letter to the applicant for joining the post of Assistant Loco Pilot. The applicant has further stated that deponent who has filed the counter affidavit on 16.12.2024 has already been suspended from the post of Chairman, RRB w.e.f. 13.12.2024. In this regard the respondents were directed to file a fresh counter affidavit. The respondents have filed a fresh counter affidavit on 01.04.2026 which has been filed by the Assistant Secretary, Railway Recruitment Board, Gorakhpur. In the present counter affidavit of the respondents, the averments made in their previous counter affidavit have been repeated. Learned counsel for the applicant submitted that he does not intend to file any fresh rejoinder affidavit.

Submissions of learned counsel for both the parties have been heard and records have been gone through.

It is noted from the records that the respondents' department floated an advertisement bearing number 01/2018 on 03.02.2018 for the post of Assistant Loco Pilots and Technicians. The applicant applied for the post of Assistant Loco Pilot, Mechanical (Traction). For better understanding, the minimum educational qualifications for the said post as per the notification are quoted as under:

"A) Matriculation / SSLC plus ITI from recognised institutions of NCVT/SCVT in the trades of Armature and Coil Winder / Electrician/Electronics Mechanic / Fitter / Heat Engine/Instrument Mechanic / Machinist / Mechanic Diesel / Mechanic Motor Vehicle / Millwright Maintenance Mechanic / Mechanic Radio & TV / Refrigeration and Air-conditioning Mechanic/Tractor Mechanic/Turner / Wireman

(OR)

Matriculation / SSLC plus Course Completed Act Apprenticeship in the trades mentioned above

(OR)

B) 3 years Diploma in Mechanical/Electrical/Electronics/Automobile Engineering (OR) Combination of various streams of these Engineering disciplines from a recognised Institution in lieu of ITI. Note: Degree in the Engineering disciplines as above will also be acceptable in lieu of Diploma in Engineering."

Thereafter, the applicant appeared in Computer Based Test (CBT)-I on 13.08.2018, CBT-II on 23.01.2019, and the Computer Based AptitudeTest on 10.05.2019 and qualified the same. Thereafter, an e-call letter was issued and the applicant was called for document verification and medical examination on 24.06.2019. As per the applicant, a provisional part panel for ALP category against the said notification was published by the respondents vide letter dated 19.01.2021, bearing the applicant's roll number therein. However, no appointment letter was issued to him. Consequently, the applicant sought information through RTI on 03.01.2023 regarding his appointment. The same was replied too by the respondents vide reply dated 04.05.2023, stating therein that the selection process for the said post was underway.

Thereafter, the applicant approached this Tribunal by filing O.A. No. 694 of 2024, wherein the applicant was directed to submit a representation and the competent authority was directed to decide the said representation within 30 days of the receipt of the order. In compliance, he submitted a representation on 16.07.2024. The Chairman, RRB Gorakhpur rejected his claim by a speaking order dated 14.08.2024. The relevant portion of the said impugned order dated 14.08.2024 is quoted as under:

From the perusal of the aforesaid letter, it is evident that the applicant had applied for the post of Assistant Loco Pilot (ALP). The educational qualifications of the applicant, as mentioned by him in his application are Diploma in Electronics and Computer Engineering issued by Apex Institute of Engineering Diploma College, Mahua Dausa, Rajasthan under the trade category of Electronics Mechanic. However, during the document verification, the applicant produced the Computer Science and Engineering diploma awarded by the Board of Technical Education, Rajasthan. It is also mentioned in the speaking order dated 14.08.2024 that the applicant had enclosed a document as Diploma in Electronics Engineering obtained from Calorx Teachers' University, Ahmedabad, Gujarat in the OA No. 694/2024. There is no mention of the same in the application form of the applicant. Therefore, the same was not accepted by the respondents.

The educational qualification for the post in question was clearly specified by the respondents in the notification 01/2018 and has been quoted in para 7 above. There is no mention of Computer Science and Engineering Diploma as an educational qualification against the post in question.

Further, the respondents had also issued General Instructions in the advertisement in question. The relevant portion of the said instructions stated in the advertisement is quoted as under:

1.1 Admission to all stages of recruitment process shall be purely provisional, subject to the candidates satisfying the prescribed eligibility conditions.

1.2 Mere issue of e-call letter to the candidates will NOT imply that their candidature has been finally accepted by the RRBs.

1.3 RRBs conduct verification of eligibility conditions with reference to original documents only after the candidates have qualified in all the stages of examinations and are shortlisted for Document Verification. RRBs may reject the candidature of any applicant at any stage of recruitment process in case the candidate is found to be not fulfilling the requisite criteria and if appointed, such a candidate shall be removed from service summarily.

........

1.11 Selection by RRB does not confer upon candidates any right of appointment in the Railways. The function of the RRB is to recommend names of suitable candidates to the concerned authorities of the Zonal Railway/Production Unit who in turn issue the Offer of Appointment letter subject to availability of vacancies and satisfying all eligibility criteria including antecedents and character."

From the facts and circumstances of the case, it is evident that no relief is admissible to the applicant. The applicant had mentioned Diploma in Electronics and Computer Engineering as his educational qualification, on the basis of which he was allowed to appear in the Computer Based Test conducted by the respondents. However, at the documents verification stage, the applicant has produced a copy of Diploma in Computer Science and Engineering which is not the eligibility for the post of Assistant Loco Pilot, Mechanical (Traction). Mere appearing in the examination and issue of e-call letter do not make the applicant eligible for the post.

In view of above, no interference by this Tribunal is warranted in the instant Original Application and the same is dismissed being devoid of merit.

Interim Order, if any, stands discharged.

All the related MAs stand disposed of.