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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.G.PANDIT, GEETHA K.B.
Union of India, Rep. by the General Manager, South Western Railway, Hubballi – Appellant
Versus
Swapnil S/o Sheshrao Bhagat – Respondent
ORDER :
1. The Union of India and Railway Authorities are before this Court under Article 226 of the Constitution of India questioning the order dated 16.10.2023 passed in OA No.170/00051/2021, by the Central Administrative Tribunal, Bengaluru Bench [For short ‘CAT’] whereby the respondent’s application praying to issue an appointment order on any of the vacant posts of Carriage and Wagon (C & W) anywhere under the jurisdiction of RRB [Railway Recruitment Board, Bengaluru] that too by creating a supernumerary post by adjustment from anticipated future vacancy, was allowed.
2. The parties would be referred to as they stood before the CAT for the sake of convenience. The petitioners herein were the respondents and the respondent herein was the applicant before the CAT.
3. Brief facts of the case are that, the RRB by Employment Notice dated 16.6.2012 invited applications for various posts including that of “Technician Grade-III/C & W”. The applicant applied for the said post in pursuance of the above employment notice claiming reservation under Scheduled Caste [For short ‘SC’] category. It is stated that out of 104 posts notified, 16 posts were reserved for SC category. The RRB published
The Tribunal erred in directing appointment from an expired selection panel, lacking jurisdiction as the application was filed beyond the prescribed limitation period without sufficient justification....
The court upheld the CAT's direction for administrative examination of vacancy positions, clarifying that candidates on the replacement list must be considered unless barred by delay or conduct.
The court affirmed the principle of providing alternative employment to medically unfit candidates, emphasizing timely action and adherence to judicial discipline.
Point of law: Recruitment - duty of the Public Service Commission is to make available to the Government a complete list of qualified candidates arranged in order of merit. Thereafter the Government ....
The vacancy caused due to the termination of services constitutes a fresh vacancy, and the Tribunal's directions exceeded its jurisdiction.
The petitioner's claim for appointment on the post of JLO from the reserved waiting list was found to be valid as he approached the Court before the expiry of the wait list, and the Court allowed the....
Candidates are entitled to consideration for available posts if a vacancy arises during the validity of the selection list despite administrative delays.
The refusal to appoint the applicant, similarly situated to others granted appointments, violates Articles 14 and 16 of the Constitution and is deemed arbitrary.
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