Samyak Jain & Others vs Union Of India & Others

L. Narasimha Reddy, J

(Through Video Conferencing)

The Union Public Service Commission (UPSC) issued a notification for selection of candidates in the Engineering services in various departments of Government for the years 2020. The Indian Railways notified 185 vacancies spread over 8 (eight) departments. The applicants took part in it, and all of them were qualified.

The grievance of the applicants is that the Ministry of Railways addressed a letter dated 09.01.2020 to the UPSC, withdrawing the posts notified for the Engineering Services Examination, 2020 (ESE-2020) and CSE-2020, consequent upon the Government decision to introduce Indian Railway Management Service (IRMS) from the next recruitment cycle.

The applicants contend that the posts in the Engineering service in the Railways, constituted a substantial plank of 185, and on account of removing them from the purview of ESE-2020, their chances of getting selected became bleak. It is also stated that they are eligible to be considered for the posts that were notified by the UPSC, and there was absolutely no justification or basis for withdrawing 185 posts from the purview of the ESE-2020. Their further contention is that once the recruitment process has started with the issuance of notification by the UPSC, the posts cannot be withdrawn from the purview thereof.

The applicants also relied upon the statement made by the Union Minister of Railways, that the ongoing selection would be completed by the UPSC and reorganization of the services would be from the next recruitment cycle onwards. Various other contentions are also raised.

The respondents filed a detailed counter affidavit. According to them, the posts were notified to the UPSC for ESE-2020, but thereafter, the Ministry has taken a decision to re-organize the important services in the Railways, and it is proposed to bring into existence, the Indian Railways Management Service (IRMS). According to them, the ESE-2020 was treated as a first selection year, so that there would be ample scope for the Ministry to re-organize the services, which may result in several changes. The plea of the applicants as regards legitimate expectation and several allied issues is strongly contradicted.

We heard Ms. Gargi Srivastava, representing Mr. Arpit Shukla, learned counsel for the Applicants, and Ms.Geetanjali Mohan, learned counsel for the Respondents, in detail.

It is not in dispute that as many as 185 posts of Engineering services were notified by the Railways to the UPSC, and they constituted a substantial plank. The total posts are said to be 495 and out of that, the posts of eight different departments of Railways, is 185. The applicants have taken part in the preliminary examination and were qualified therein. Before appearing in the mains examination, the Ministry of Railways, issued a notification on 09.01.2020, which reads as under:

"Vide this Ministry's letters of even number dated 30.12.2019, firmed up indents for 9 (nine) organized services i.e. IRSE, IRSME, IRSEE, IRSSE, IRSS, IRTS, IRAS, IRPS and RPF through Engineering Services Examination-2020 and Civil Services Examination-2020 were advised. Consequent upon the Cabinet's decision to introduce Indian Railways Management Services (IRMS) from next recruitment cycle, the Ministry of Railways has decided to withdraw it indents for above services except Indian Railways Protection Force Service (IRPFS) (erstwhile known as RPF) through Engineering Services Examination-2020and Civil Services Examination-2020."

From the above, it is evident that the indent issued in respect of posts in as many as 9 services to the UPSC, is withdrawn, and that is said to be part of the process of constituting the Indian Railway Management Service. The result is that, 185 posts stood withdrawn from the ESE-2020.

It may be true that the chances of not only the applicants, but also other candidates, stand reduced to the extent of 185 posts. However, by the very nature of the process, the number of posts indicated for recruitment in any service is subject to changes upward or downward. A candidate can be said to have acquired right, if only he is selected for any post. Before that, no right accrues to him. Even otherwise, the policy decision taken by the government cannot be interfered with by the Courts, unless any infraction of specific provision of law is proved. The necessity to make 2020 as first recruitment year, has arisen on account of the fact that the Ministry will have proper opportunity and freedom to organize the services. In otherwords, in the process of reorganization, some of the 9 services may have to be disbanded or their shape needs to be changed. The nature of qualifications for the posts would also be a matter of relevance. When such a large scale reorganization is proposed, the issue cannot be viewed from the point of view of few candidates.

Though, it is strongly pleaded that the eligibility of the applicants to take part in the selection for the services to be reconstituted i.e., Indian Railway Management Services, must be preserved, we find it difficult to accept the same. The reason is that one is yet to know the actual nature of the posts or the eligible criteria, that may be stipulated for that purpose. No relief can be granted in anticipation. If the applicants find any grievance in the process, it shall always be open to them to work out their remedies as and when situation arises.

We do not find any merit in the OA and the same is accordingly dismissed. There shall be no order as to costs