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2018 Supreme(SC) 1830

KURIAN JOSEPH, HEMANT GUPTA
Ram Bhajan Das – Appellant
Versus
Union Of India – Respondent


Advocates Appeared:
A.K. Panda, Sr. Adv., R. Balasubramaninan, Amit Sharma, R. R. Rajesh, Harish Pandey, Raj Bahadur Yadav, Dr. Arun Yadav, Mrs. Anil Katiyar, Mrs. Vibha Dutta Makhija, Sr. Adv., Prashant Shukla, Anand Nandan, Ms. Shreya Mishra, Dr. Satyebdra Kumar Mishra, Satyajeet Kumar, Ms. Priya Kashyap, G. D. Ahmed, Md. Mohsin, Ms. Vandana S., Narender Kumar Verma, Mrs. Divya Swami, Mrs. Prabha Swami, Vishnu Shankar Jain, Prashant Shukla, Harishankar Jain, T. N. Tripathi, Ranjeet Singh, Rameshwar Prasad Goyal, P. K. Jain, Saurabh Jain, P. K. Goswami, S. P. Singh Rathore, Ashok K. Sharma, Uday Prakah Yadav, Mrs. Anuradha Soni Verma, Shryansh Aggarwal, Rajesh Goyal, H. Arjun, Nikhil Tyagi, V. K. Biju, Abhay Pratap Singh, Mullapudi Rambabu, Ajit Kumar Sinha, Sunil Mathew, Dhananjay Garg, Dinesh K. Garg, P. V. Yogeswaran, Abhishek Garg, Deepak Mishra, Chandan Ramamurthi, Mohd. Asad Khan, Danish Zubair Khan, Sunil J. Mathews, B. V. Balram Das, Aijt Kumar Sinha, Ranbir Singh Yadav, Ms. Anzu K. Varkey, B. Rajesh, Nitin Kumar Thakur, Advocates, For the Appearing Parties

JUDGMENT

Kurian, J. - Writ Petition (C) No. 794 of 2017 and Writ Petition No. 240 of 2018

The petitioners are before this Court seeking appointment in Grade D post in Railways. Their claim is rested on the decision of this Court in All India Railway Parcel & Goods Porters' Union v. Union of India and Others, reported in (2003) 11 SCC 590 . It appears that the objection is that the petitioners have not acquired the required educational qualifications in terms of the rules.

But taking note of the long service rendered by the petitioners and taking note of the fact that there is a power for relaxation and taking note of the further fact that it is a onetime measure, we are of the view that it is a fit case for invocation of our jurisdiction under Article 142 of the Constitution of India and give a quietus to the entire litigations. Therefore, the writ petitions are disposed of with a direction to the Railways to consider the names of the petitioners in case they are otherwise eligible, ignoring the objection on qualification and pass the required orders within a period of one month from today.

W.P. (C) No. 52/2016, W.P.(C) No. 155/2017, W.P.(C) No. 167/2016, W.P.(C) No. 282/2012, W.P.

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