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Judgment
A short question that arises for consideration of this Court in this writ petition is:
Whether there shall be a minimum gap of six: months between two selections as per the Indian Railway Establishment Manual volume-I para 216?
The facts leading to this case are as hereunder:
The respondents were working as Senior Ticket Examiners Under the Notification dated 6.6.2007, the petitioners notified for selection of 80 posts of Head Ticket Examiners, from among the eligible Senior Ticket Examiners. For 80 posts, 83 persons were eligible to appear for the examination, Accordingly; the examination was held on 7.7.2007 and 14.7.2007. The petitioners instead of announcing the results of the examination conducted by them, withdrawn the notification dated 6.6.2007 on the ground that as per Rule 216 of IREM, there shall be a minimum time gap of six months between announcement of two successive examinations According to the petitioners, the earlier selection panel was announced on 23.3.2007 and within, a period of three months, the present notification was issued on 6.6.2007.
Challenging the action of the petitioners in canceling the examination the respondents approached the Tribunal in O.A. No. 388/2007. The Tribunal alter hearing the parties came to the conclusion that a minimum time gap of six months is directory and not a mandatory. Accordingly, the application filed by the respondents came to be allowed.
Challenging the legality and correctness of the order of the Tribunal, the present writ petition is filed. During the course of the argument, it is brought to our notice that the respondents have been promoted and have been working as Head Ticket Examiners. Be that as it may, the period of six months referred to in Rule 216 of IREM can be treated only as a directory and not a mandatory, because if an (sic) arises and if any recruitment has to be made by giving promotion to the eligible candidates depending upon the circumstances, it is always open for the petitioners to conduot an examination and promote the eligible- candidates and there cannot be any mandatory Rules prescribing minimum gap of six months, If a person is eligible to get promotion, as if vacancy arises, such person need not wait for a period of six months. The period of six months is stipulated under Rules is only for the petitioners to make preparation for conducting such examination, but the same need not be treated as mandatory. Therefore, we do not see any merit in this writ petition.
Accordingly, the writ petition is dismissed,