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Judgment
Tarun Shridhar, Member (A)
We have joined this Division Bench online through video conferencing.
Shri Avadhesh Kumar Upadhyay, learned counsel for the applicants and Shri Pramod Kumar Rai, learned counsel for the respondents are present.
The applicants are aggrieved that despite having performed well in the departmental examination for selection to the post of Guard / Freight in the Railways, they have neither been selected for the aforementioned post under the departmental quota nor have they been communicated the reasons for the denial of the appointment to promotional post. To this effect they seek the following reliefs in the present OA:-
“i. To issue a suitable order or direction in the nature of mandamus directing the respondents to declare modified final select list of posts reserved for Scheduled Tribe candidates in Guard / Freight Railway (Departmental Promotion) against the notification / advertisement dated 26.11.2018, expeditiously as possible as within stipulated time fixed by this Hon’ble Court.
ii. To issue a suitable order or direction in the nature of mandamus directing the respondents to re-evaluate the answer sheet of the applicants properly.
iii. To issue any other suitable order or direction as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.
iv. To award cost of the petition in favour of the applicants.”
The learned counsel for the applicants submits that the respondents had notified 86 vacancies of Guards to be filled from the departmental quota. Out of these 86 vacancies, 9 vacancies were reserved for the candidates belonging to the category of Schedule Tribe. The present applicants belong to Schedule Tribe category and hence were eligible for selection against these 9 vacancies. He further submits that as against these 9 vacancies there were only 6 Schedule Tribe candidates who appeared in the said examination. Therefore, according to the learned counsel a simple arithmetic states that these applicants should have been selected and appointed against the aforesaid posts. However, since the selection was to be based upon the performance in the examination and the applicants, having performed very well, had the reasonable expectation and hope that they shall be selected for these posts. Learned counsel submits that the respondents have not given any communication to the applicants with respect to their performance in the examination, the number of marks scored by them and the reasons as to why despite having performed well, they have not been given appointment.
Learned counsel for the respondents on the other hand submits that 60% was the minimum qualifying bench mark for the purpose of selection and he has brought out in the counter affidavit that the present applicants have not scored this bench mark. He submits that no doubt 9 vacancies were reserved for Schedule Tribe but since the appointment / promotion was to be made on the basis of selection which was further subject to the outcome of the competitive examination, the only way the applicants could lay a claim to these positions was to be successful in the examination and attain a position in merit. Since they having not performed well and not qualified in the said examination, they are not entitled for promotion to the post of Guard.
However, the learned counsel for the applicants argues that the statement of the respondents that the applicants have not qualified is based on mere conjecture as they have not produced the relevant records of the examination.
We have heard the learned counsel for the parties and also gone through the records.
In our view this OA can be disposed of at this stage with a direction to the respondents to declare marks obtained by the candidates and convey the same to them clearly bringing out as to what are the qualifying marks and whether they have attained these qualifying marks or not. Needless to say that if the applicants have attained the qualifying marks and obtained the position in merit, they shall be considered for appointment on promotion if there is no other impediment. However, if they have not attained the qualifying marks and do not meet the criteria for merit for the said position, the same shall be expressly conveyed to them.
With the aforesaid directions, which should be complied with within a period of six weeks from the date of the order, the OA stands disposed of.
There is no order as to costs.