A meritorious reserved category candidate cannot be placed in a disadvantageous position compared to less meritorious reserved category candidates.

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. When the respondent No.1 was not given posting at Jaipur Division and ignoring his merit, he was given posting / appointment in Bikaner Division and the less meritorious candidate of OBC category (i.e. respondent No.2-Shankar Lal Kumawat) was given posting/appointment in Jaipur Division, the petitioner approached the tribunal by way of filing original application with the following prayer:-

"It is, therefore, prayed that this Hon’ble Tribunal may be pleased to allow this original application and further be pleased to quashed and set aside the impugned order dated 16.06.2017 (annexure-A/1) and the respondents be directed to appoint to applicant at Jaipur Division on the basis of the higher merit in the category of OBC with all consequential benefits.

Any other order or relief which this Hon’ble Tribunal deems it fit and proper in the facts and circumstances of the case may kindly be passed in favour of the applicant."

4. The Department of Railways submitted their reply and stated that in all 38 vacancies were advertized for appointment on the posts of ASM, out of which 20 posts were advertized for General Category Candidates, 9 posts were advertized for OBC category candidates, 6 posts were advertized for Scheduled Caste candidates and 3 posts were advertized for Scheduled Tribe candidates. As per the averments made in the reply, the respondent No.1-Suresh Kumar stood at S.No.16 in the merit of General Category Candidates and the vacancies for General Category Candidates were available division wise in Jaipur Division 4, Ajmer Division 2 and in Bikaner Division 14. Since 4 vacancies were available in Jaipur Division, so, all the 4 vacancies were allotted to General Category Candidates who were higher in the merit of General Category and all the 4 persons were higher in the merit in comparison to respondent No.1-Suresh Kumar and the merit of respondent No.1-Suresh Kumar was 16 in the General Category Candidates, so he was allotted Bikaner Division according to his merit in in the General Category against the General Category posts. It was also stated in the reply that respondent No.2- Shankar Lal Kumawat was selected against the OBC Quota and on the basis of his merit in OBC category, he was given posting in Jaipur Division. It was also stated in the reply that as per the General Guidelines of the Notification, the selected candidates can be posted anywhere in Northern Western Railway.

5. After hearing the arguments of both the sides, the tribunal allowed the original application filed by respondent No.1-Suresh Kumar vide order dated 02.03.2022 directing the petitioner i.e. Department of Railways to appoint him at Jaipur Division with all consequential benefits.

6. Feeling aggrieved and dissatisfied with the order dated 02.03.2022 passed by the tribunal, the