IMPORTANT POINT
The court upheld that a candidate not included in the standby list lacks standing to claim appointment against additional vacancies, affirming the binding nature of Railway Board's circulars.

JUDGMENT :

N. Unni Krishnan Nair, J.

Heard Mr. S. Nath, learned counsel appearing for the petitioner and also heard Mr. B. Chakravarty, learned CGC appearing for the State respondents.

2. The petitioner by way of instituting this writ petition has presented a challenge to an order dated 18.05.2023, passed by the learned Central Administrative Tribunal, Guwahati Bench in Original Application No. 040/00116/2023.

3. Brief facts requisite for adjudication of the issues arising in the present proceeding are noticed as under:-

3.1. The petitioner, in response to a Centralized Employment Notice (CEN) No. 02/2019 had submitted his application for recruitment against the post of Health and Malaria Inspector Grade-III. The petitioner while submitting his application has opted for the posts assigned to the Railway Recruitment Board, Guwahati. On conclusion of the selection process, the results of the candidates were declared by the authorities and the applicant secured 59.52381 marks. In terms of the prescriptions made in the said CEN No. 02/2019, on conclusion of the selection process, based on the performance of the candidates in the examination, a list of candidates equal to the number of vacancies was required to be prepared for calling them for document verification. In addition to the said list, it was required that 50% extra candidates would also be called as standby candidates for consideration of their cases for empanelment, in the event, there is a short fall in empanelment in the main list. The petitioner, thereafter, submitted RTI applications and from the response received thereto, it was revealed that in total 22 candidates were called for document verification and in the main list 12 candidates were so included and another 10 candidates were so included in the standby list. Although the petitioner had acquired the cut-off marks of 59.52381 marks for inclusion in the standby list against the Unreserved category, his name was not included in the standby list and one Subhradip Paul, who had also secured the same marks, came to be included on the ground that he was older than the petitioner, herein. It is further projected that the vacancies as identified against the post of Health and Malaria Inspector Grade-III, including 09 vacancies for Un-reserved candidates against the post of Health and Malaria Inspector Grade-III for RRB, Guwahati came to be filled up.

3.2. The Railway Board, vide a communication dated 29.08.2022, on consideration of the proposal received from the Zonal Railways for replacement and/or additional Paramedical category vacancies, proceeded to lay down that such requirement would be met in respect of CEN No. 02/2019 from the standby/wait listed candidates of the respective RRBs. Further requirements of the vacancies, if any, shall be so met from other RRBs catering to the various Zonal Railways. For the said purpose, the validity of the panels of CEN No. 02/2019 (Paramedical categories) was extended for a period of one year. It was further recommended that the required empanelment should be made from the panel of standby candidates already available with the RRBs and no new round of document verification is to be done if demand remains unmet. The Railway Board thereafter, reiterated the above position again vide vide a communication dated 13.01.2023 in respect of additional vacancies.

3.3. The petitioner, at this stage, as applicant, has instituted Original Application No. 040/00116/2023 before the learned Central Administrative Tribunal, Guwahati Bench with the following prayers:-

8.1. The Hon'ble Tribunal be pleased to direct the respondents to consider the applicant for appointment against additional and replacement vacancies of H&MI-III (UR category) under CEN No. 02/2019 as done in case of standby/waitlisted candidates of RRB, Guwahati with same cut off marks as the applicant and complete his selection process.

8.2. The Hon'ble Tribunal be pleased to direct the respondents to consider the applicant for a