IMPORTANT POINT
The decision maker can always rely upon subsequent materials to support the decision already taken when larger public interest is involved.

JUDGMENT

K.S. Radhakrishnan, J. —

We are in these cases concerned with the validity of an order dated 04.06.2004 issued by the Railway Board directing the Railway Recruitment Board (in short RRB) to conduct a re-test for recruitment to Group-D posts, for those candidates who had obtained minimum qualifying marks in the first written examination against which large scale irregularities were noticed.

2. The RRB vide its employment notification 1/2003 dated 13.06.2003 invited applications for filling up Group ‘D’ posts in the South Central Railway Zone, Secunderabad. In response to the notification 10,02,909 applications were received by the RRB out of which 5,86,955 were found eligible and call letters were sent to them for appearing in the written test held at various centres from 09.11.2003 to 21.11.2003. 3,22,223 candidates appeared for the written test, out of which 2690 were selected to be called for Physical Efficiency Test (PET) held on 03.02.2004 to 12.02.2004. Candidates who qualified in the PET were called for verification of original certificates from 04.04.2004 to 12.02.2004. During verification it was noticed that certain malpractices had taken place in the written examination. Meanwhile, several complaints were also received by the RRB stating that certain candidates had indulged in mass copying in some centers, including leakage of question papers and impersonation of certain candidates. Since large scale irregularities and malpractices were noticed it was decided to refer the matter to the State Vigilance Department. The Vigilance Department conducted a preliminary enquiry and submitted its report which was placed before the Tribunal as well as before the High Court. Portions of the report extracted in the judgment of the High Court prima facie revealed leakage of question papers, mass copying and impersonation of candidates in the written test. Report also indicated the possibility of involvement of some employees of Railways and outsiders in the malpractices detected. Vigilance Department also recommended that the matter be referred to the Central Bureau of Investigation(CBI).

3. The vigilance report and the various complaints were examined by the Railway Board and the Board after discussing the matters with the RRB gave a direction vide its letter dated 04.06.2004 to conduct a re-test for those candidates who had obtained minimum qualifying marks in the written examination. The operative portion of the order reads as follows:-

“Board have gone into complete details of the matter in view of the nature of malpractices / irregularities involved, it has been decided that candidates obtaining minimum qualifying marks may be subjected to another written examination by conducting the same in good educational institution under tight control and supervision. This would ensure the exclusion of those, who might have secured undue advantage in the earlier examination. Thereafter, candidates may be called for PET on the basis of fresh merit list irrespective of the fact whether some of them had appeared in the PET held on February 2004”.

4. Railway Board also ordered that the cases of the candidates referred to GEQD including those found guilty during the course of investigation by the Vigilance or CBI be dealt with as per the extant rules at the time of preparation of the final panel or later stage. RRB was directed to take steps to conduct written examination and PET at the earliest. Railway Board vide its letter dated 1st September, 2004 directed the RRB to go ahead with the examination scheduled on 26.09.2004.

5. Aggrieved by the order dated 04.06.04 certain candidates who had taken the first written examination filed O.A. No.975/2004 before the Central Administrative Tribunal, Hyderabad questioning the decision to conduct re-test and also sought for a declaration that they are eligible to be appointed to Group ‘D’ posts in the South Central Railway Zone, Secunderabad pursuant to the selection held in the month of Febr