Employer's authority to fix cut-off marks and appoint candidates. Candidates do not have a legal right to be appointed.

JUDGMENT:

S.B. SINHA, J :

1.Leave granted.

2.On or about 09.05.1998, 382 vacancies were advertised for the post of Gangman by the Waltair Division of the then South Eastern Railways (now known as East Coast Railways). By a corrigendum issued, the right of the authority to increate or decrease the number of posts projected for recruitment was reserved. The educational qualification for the candidates was prescribed at 8th class pass. Applicants were required to be physically strong to carry out the job. They were to pass the requisite physical test.

Reservation was provided for the candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes. The number of vacancies was, however, enhanced to 792 posts. The appropriate authority, however, gave a final clearance for filling up 480 posts pursuant to the notification dated 09.06.1998. The category-wise vacancies were as under :

General :240

Other Backward Classes:115

Scheduled Castes:72

Scheduled Tribes:53

3.Out of 480 vacancies, 240 posts were meant for general category candidates. The cut-off marks were provided for different categories of candidates in the following terms :

General:71

Other Backward Classes:56

Scheduled Castes:20

Scheduled Tribes:20

4.Indisputably, 426 posts were filled up which were earmarked for candidates belonging to General Category, Other Backward Classes, Scheduled Castes and Scheduled Tribes. 12 posts reserved for Scheduled Castes and 42 posts reserved for Scheduled Tribes, however, could not be filled up owing to non-availability of the qualified eligible candidates. Respondents herein had not been appointed although they had obtained the qualifying marks specified in terms of the notification dated 09.06.1998. 39 unsuccessful candidates filed an application before the Central Administrative Tribunal. The said application was disposed of directing the Railway Administration to consider the question in regard to lowering of cut-off marks.

5.The competent authority of the Railways, however, took a decision that it would not be conducive to general merit of the candidates if the cut-off marks were further lowered, whereafter another application was filed before the Tribunal. The said application was marked as OA No. 1750 of 2000. By an order dated 02.05.2001, the said application was dismissed by the Tribunal, inter alia, opining that the appellants could not be directed to lower down the cut-off marks. A writ petition filed the re-against by the respondents herein, however, by reason of the impugned judgment has been allowed, directing the appellants to appoint them by lowering the cut-off marks against the posts reserved for candidates belonging to Scheduled Caste and Scheduled Tribe candidates, stating :

"According to Railways, the following is the break up of vacancies. Out of 480 vacancies, 240 posts are meant for OC category, 72 for SC category, 53 for ST category and 115 for OBC category. As far as OC and OBC categories are concerned, all the posts were filled, and for want of eligible candidates the posts meant for SC category were not filled up. In such a situation, the only way to salvage the issue is to direct the authorities to appoint the petitioners in the posts of Gangmen in the unfilled vacancies of SC/ST duly protecting the interests of SC/ST reservation in future selections. Out of 30 petitioners, 1 belongs to SC, 7 OC and 22 OBC. Inasmuch as the vacancy meant for SC candidate, there is no difficulty for him to be appointed as the are vacancies in SC category. But as far as OC candidates and OBC candidates are concerned, since their quota had already been filled up, they should be appointed in the quota meant for SC and ST vacancies. In the future vacancies, the quota meant for OC and OBC categories the vacancies unfilled shall be reduced and the same could be allotted to SC and ST categories, as in this case the petitioners are directed to be appointed from out of the quota meant for SC and ST categ