ORDER

Anoop Kumar Dhand, J. - This petition questions the correctness of the order dated 02.03.2022 passed by the Central Administrative Tribunal, Jaipur Bench (for short ’the tribunal’) by which the Original Application NO.417/2017 was allowed and the department of Northern Western Railway (the petitioner) has been directed to appoint the respondent- Suresh Kumar on the post of Assistant Station Master at Jaipur Division with all consequential benefits.

2. The issue in this petition is ’Whether Meritorious Reserve Candidates can be put in disadvantageous position, if he secures higher merit/marks in comparison to Unreserved Category/General Candidates ?’

3. The facts, in brief, of the case are that the Department of Northern Western Railway issued an advertisement No.02/2015 on 12.06.2015 for appointment on the posts of 38 Assistant Station Masters (for short ’ASM’) for various categories. In pursuance of the aforesaid advertisement, the respondent No.1 submitted an application under the category of Other Backward Class (for short ’the OBC’) and he participated in the selection process and he was placed at S.No.16 in the list of unreserved candidates as per his higher performance. Wh