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Judgment
C. Hari Shankar, J.
The petitioner is aggrieved by an order dated 29 March 2019, passed by the Central Administrative Tribunal1, whereby the Tribunal has dismissed OA 3375/2014.
The petitioner, as the applicant before the Tribunal, was aggrieved by the cancellation of his candidature for an examination for recruitment to Group D posts in the Northern Railways. The candidature was cancelled on the ground that certain candidates were found, on the basis of an expert opinion, to have resorted to unfair means.
It is not in dispute that none of the candidates were issued any show cause notice, before their candidature was cancelled.
Certain similar candidates, who had approached the Tribunal and whose original applications were also dismissed, petitioned this Court by means of WP (C) 10621/20182 and WP (C) 10622/20183. The said petitions have been disposed of by a coordinate Bench of this Court by order dated 19 January 2024, by setting aside the orders passed by the Tribunal and further reserving liberty with the respondents in the following terms:
“10.The respondents are granted liberty to issue show cause notices to the petitioners within four weeks along with all supporting materials/documents in support of their plea that the petitioners had resorted to unfair means during the aforesaid exam held on 23.11.2014. The petitioners will reply to the said show cause notices within four weeks’ whereafter, the respondents will within six weeks, from the date of receipt of the petitioners’ reply, pass a reasoned and speaking order thereon.
11.In case the reply furnished by the petitioners is found to be satisfactory, the respondents will take appropriate steps to consider the petitioners’ candidature for the post in question. The petitioners would however not be entitled to any benefits of retrospective appointment.
12.Needless to state, in case the petitioners are still aggrieved by any orders passed by the respondents, it will be open for them to assail the said orders as per law.”
It is not in dispute that the petitioners in the aforesaid writ petitions and the present petitioner are identically situated. They were all candidates for the same examination and their candidature was cancelled for the same reason.
Accordingly, keeping in mind the interests of uniformity and consistency, we deem it appropriate to dispose of this petition in line with the order dated 19 January 2024 passed by the Coordinate Bench of this Court in WP (C) 10621/2018 and WP (C) 10622/2018.
Accordingly, the directions contained in paras 10 to 12 of the order dated 19 January 2024, the aforesaid writ petitions would apply mutatis mutandis to the present petition as well. The impugned order dated 29 March 2019 of the Tribunal is quashed and set aside subject to the said observations and directions.
The writ petitions stands allowed to the aforesaid extent with no order as to costs.