Jugal Kishore Kushwaha vs Union Of India & Ors.

Delivered by Hon’ble Mr. Mohan Pyare, Member-(Administrative)

By way of this original application the applicant has sought the following reliefs:-

The brief facts of the case are that on 20.07.2013 the respondent no.1 notified two vacancies for Group ‘D’ post under Scouts & Guide Quota for the recruitment year 2013-2014 in Jhansi Division in Grade Pay Rs.1800/-. Since the applicant possessed the minimum requisite qualification (viz. educational, Scouts & Guide qualifications and other allied activities) hence he applied for the post in question. From 15.01.2014 to 19.01.2014, the applicant participated at Nagpur in the All India Railway Programme/Jamborette. In pursuance of vacancies notified by respondent no.1 on 08.03.2014 written and interview examination was held for the post in question. On 13.03.2014 the selection committee declared the result. The applicant has not been provided 5 marks for Indian Railway event (Jamborettee) according to board letter dated 04.05.2000, if he was provided 5 marks he would be at serial no.2 in place of Mr. Ashish Srivastava. There are only two posts which was sanctioned/advertised for Jhansi Division. Applicant is senior (by age) to Mr. Ashish Srivastava but the applicant has been allotted ‘Zero’ marks while he participated in Indian Railway event/Jamborrette. Arbitrarily the applicant has been discriminated by the respondents. Aggrieved by the action of the respondents, the applicant has filed this original application.

In their counter reply, the respondents have submitted that applicant had no locus to challenge the process adopted by the selection committee as he had participated in the selection process and failed. The marks allotted in written examination and interview is in accordance with the instructions issued by the Railway Board in this regard contained in Para X(B) of the Railway Board letter dated 4.5.2000. It is clarified that applicant participated in the said event from 15.1.2014 to 19.1.2014, while the last date for applying under the advertisement was 19.8.2013 which will be taken as cutoff date for assessing the suitability of the candidate. With regard to Scout Guide certificate of participation at Hubli event from 13.6.2008 to 15.6.2008, same has been taken as participation in national event and was awarded marks for the same by the selection committee including other candidates in accordance with the above instructions of the Railway Board. While as far as participation in All India Railway Jamborrette programme is concerned, same was held between 15.1.2014/19.1.2014 at Nagpur i.e. after the last date of submission of the application for the said post i.e. 19.08.2013. Hence at the time of applying for the said post applicant was not having the said certificate of participation since the last date for application was 19.8.2013 and the event was held on 15.1.2014/19.1.2014 as such the same has not been considered in the assessment.

It is further submitted by the learned counsel for the respondents that in the selection process only the candidate who obtained higher marks are selected according to merit and not age wise. Applicant is not entitled for 5 marks for participation in Jamborrette event since the date on which he applied he did not have any certificate of participation. It is further submitted that applicant's representation dated 21.4.2014 was received in DRM's office Jhansi and has already been replied in detail after considering all the issues raised by the applicant vide letter dated 27.5.2014. It is also submitted that no records with respect to marks allotted in year 2008-2009 is available, nor applicant has annexed his result for the year 2008-2009 is support of his averments. It is further submitted that as per the instructions given by the Railway Board in its letter dated 4.5.2000, the marks for participation in any other event other than Jamborrette event cannot be clubbed with marks given for Jamborrette event. The applicant also appeared in the examination held in 2012-2013 for the said post and at that time also he was not given any mark against the column of participation in Jamborrette event. In support of their contention the respondents have also annexed the letter dated 27.05.2014 which is reproduced below:-

In his rejoinder affidavit the applicant has reiterated almost the same facts and submitted that the marks allotted to the applicant are not in accordance with the instructions issued by Railway Board, so this original application is maintainable in the eyes of law. The contention raised by respondents that they have acted in accordance with Railway Board's letter dated 04.05.2000 is not correct. The Railway Board has issued a letter dated 15.07.2015 in which it is provided that all scouting events held at All Indian Railways level should be treated at par with the Indian Railways Jamboree. It is settled law that basic qualifications may be ascertained at the time of selection, as such, applicant was fully entitled to participate in the selection. Since selection was conducted on 08.03.2014 which is clear from perusal of marks shown by respondents it cannot be said that certificate produced by the applicant has no relevancy in the present selection. Once selection was conducted on 08.03.2014 and applicant had already obtained certificate of All Indian Railways event/Jamborette. The date of birth of applicant was 10.07.1978 and date of birth of Mr. Ashish Srivastava is 01.07.1088, hence under rules applicant was senior to Mr. Ashish Srivastava and after getting requisite marks for All Indian Railways event/Jamborette, marks of applicant and Mr. Ashish Srivastava will be equal and, as such, applicant is liable to be selected in comparison with Mr. Ashish Srivastava because he is senior from Mr. Ashish Srivastava. The order dated 27.05.2014 passed by respondent is not sustainable in the eyes of law. The applicant has obtained 5 marks for the year 2008-09 for selection of Scout Quota in Group-D and for the year 2013-14 he was not awarded the above 5 marks, which have been obtained under Right to Information Act. The same is against the Railway Board's letters dated 04.05.2000 and 15.07.2015. The applicant had participated in the selection and in accordance with Railway Board's instructions and rules the applicant is entitled to get selected in the eyes of law in place of Mr. Ashish Srivastava by placing him on panel prepared for selection on present post.

Respondents have further filed supplementary counter affidavit and have mentioned that vide Railway Board letter No.E(W)2015/RSGB/8 dated 15.07.2015 has decided that all Scouting events held at All Indian Railways level will be treated at par with the Indian Railway Jamboretee, as such the marks for participation in any other even other than Jamborrette event in the selection of Scout quota can only counter after issuance of said Railway Board Letter dated 15.07.2015, and in selection notified/held prior to issuance of said railway Board letter dated 15.07.2015 cannot be clubbed with and provided to applicant at the relevant time.

Heard the rival submissions of the parties and gone through the documents available on record.

The issue raised by respondents in their counter affidavit that applicant appeared in the examination held in 2012-13 for the said post and at that time also he was not awarded any marks against the column of participation in Jamborrette event. The above contention of the respondents has not been categorically denied by the applicant in their rejoinder affidavit. In his rejoinder affidavit he has again reiterated that the five additional marks were awarded for the selection year 2008-09 for the same event which was denied to him during the selection of 2013-2014. Here it is relevant to reproduce the guidelines relied upon by both the parties i.e.3419 No.E(NG)II/99-2/3 dated 04.05.2000 (Annexure A-6) of which (X) (B) (b) as below:-

According to the above guidelines, applicant is not entitled for any marks for his participation in the event held from 13.06.2008 to 15.06.2008 conducted by South Western Railway at Hubli. The contention of the applicant is that he should have awarded 5 marks for participation in an event held on 15.01.2014 to 19.01.2014, which was held after the last date of submission of application for the recruitment year 2013-2014. Respondents have taken a view here that the event which should have completed before the last date of filing of application should be taken into account for award of marks. As the said event has taken place after the last date of submission of application form and hence cannot be taken into account. The other contention of the applicant on the basis of letter No.E(W)2015/RSGB/8 dated 15.07.2015 that all the events which he has participated should be taken equally and he should be awarded marks for participation during the event 2008-2009 also is being rebutted by the respondents and respondents have taken a firm view that the clarification which was issued on 15.07.2015 will come into effect only prospectively, as in nowhere in the clarification it is mentioned that this order will take effect retrospectively. The stand taken by the applicant that during the recruitment of 2008-2009 he has obtained 5 marks for the participation in an event during 2008-2009 is not supported by any reasonable document or notification issued at that point of time. In the absence of any reasonable document/proof the same cannot be accepted. The applicant could have got benefit of rule 304 of Indian Railway Establishment Manual Vol-I (Revised Edition 1989) provided he should have got equal merit status. In the present case, this is not the situation and hence rule 304 could not be of any help to him.

On the basis of above discussions, it is clear that applicant has not been able to establish his claim and the original application is liable to be dismissed as devoid of merit. Accordingly, the original application is dismissed. No Costs. All the related MAs stands disposed of.