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Judgment
Justice K. Haripal, Judicial Member
Applicants are working as Track Maintainers III in Southern Railway. They are aggrieved by arbitrary denial of their candidature for the mere reason that they possess higher qualifications.
We heard the learned Counsel on both sides.
Applicants volunteered pursuant to Annexure A2 notification dated 27.02.2025 for the post of Assistant Track Machine in Pay Matrix Level-1 of 7th CPC in Track Machine Organization. Number of vacancies notified was 77, 37 unreserved, 22 for OBCs, 12 for SCs and 6 for STs. The applicants volunteered and applied for the post. The conditions include that they should be found fit in medical class AYE THREE and the same should be certified by SSEs/ADENs concerned. It is stated that preference will be given to volunteers with ITI from recognized institution of NCVT/SCVT or National Apprenticeship Certificate (NAC) granted by NCVT from any of the trades given in the notification. It is further stated that higher qualification of Diploma/ Degree in Engineering in the said trades would not be given any preference. Both the applicants possess all the necessary qualifications besides B.A degree.
The grievance of the applicants is that, for the reason that they possess higher qualification of B.A degree, their candidature has been illegally rejected and they have not been included in the Annexure A5 Select List. Aggrieved by the above, they have approached the Tribunal seeking the following reliefs:
“I) Call for the records leading to the issuance of Annexure A5 to the extend it excludes the applicant and includes the respondents 7 to 9, and A7 & A7(a) and quash the same.
II) To declare that applicants are eligible to be included in Annexure A5 select list and to direct the respondents accordingly with all consequential benefits.”
Respondents have filed detailed reply statement. Among other things, it is submitted that pursuant to the notification, 543 persons had volunteered, 69 persons with higher qualifications were not considered for appointment. Ultimately, they found 111 candidates suitable for appointment. Out of 543 volunteers, 13 were not medically fit, 300 did not possess technical and essential qualifications.
Even though both the applicants possess all the necessary qualifications, they have been excluded from consideration for the mere reason that they have acquired higher qualifications. From the reply statement, it is clear that the number of similarly placed candidates comes to 69, including the applicants. That means, 69 candidates, including the applicants though found medically fit, have been excluded from the select list.
Having heard both sides, we do not agree with the contention of the respondents for not considering the candidature of the applicants and excluding them from being considered when the final list was published. Applicants possess essential qualifications for the post. They are found medically fit also. They do not claim any preference, for the reason that they possess degree in Arts. Acquisition of such an additional qualification, therefore, cannot work as a hindrance in their official career. The stand of the respondents is highly unreasonable and illegal. We are inclined to quash the Annexure A5 select list containing 74 candidates. The respondents are directed to recast the select list including the candidature of all the eligible candidates, in accordance with Annexure A2 notification. It shall be done within a period of 45 days.
The O.A is disposed of as above. No costs.
List of Annexures
Annexure A1- True copy of the seniority list of the applicant viz-viz the respondents 8 & 9 in the cadre of Track Maintainer III dated 07.01.2026.
Annexure A2- True copy of the notification No. P/TM/536/Change of category (E.No.293662) dated 27.02.2025 issued on behalf of the 4th respondent.
Annexure A3- True copy of the trade certificate No.191590 issued by the National Council for Vocation Training issued to the 1st applicant.
Annexure A4- True copy of the trade certificate No. 460423 issued by the National Council for Vocation Training issued to the 2nd applicant.
Annexure A5- True copy of the letter bearing no. P.TM/536/Change of Category (E.No.293662) dated 09.06.2026 issued on behalf of the 4th respondent.
Annexure A6- True copy of the representation dated 03.07.2026 submitted by the 1st applicant.
Annexure A7- True copy of the letter issued by the 3rd respondent bearing No. E.Office Computer No.545761 dated 21.07.2026 to the 1Central Administrative Tribunalst applicant.
Annexure A7(a)- True copy of the letter issued by the 3rd respondent bearing No. E.Office Computer No.545761 dated 21.07.2026 to the 2nd applicant.
Annexure R1- True copy of the list of 74 suitable and shortlisted volunteers which has been prepared in the interpolated manner.