ORDER

By Hon’ble Mr. Mohan Pyare, Member (A) Present Original Application has been filed by the applicant seeking the following reliefs:

“ i)The Hon’ble Tribunal may kindly be pleased to direct the respondents to declare the applicant successful in the examination of Assistant Loco Pilot.

ii)The Hon’ble Tribunal may kindly be pleased to direct the respondents to appoint the applicant as an Assistant Loco Pilot in the pay scale of Rs. 3050-4590/- pursuant to passingthecompetitiveexaminationconductedby respondent No.2 in view of its notification No. 2/2008 dated 23.07.2008.

iii)Any other relief, which this Hon’ble Tribunal may deem fit and proper in the circumstances of the case may be given in favour of the applicant.

iv)Award the costs of the original application in favour of the applicant.”

2. A brief summary of the facts involved in this case is that the applicant underwent a diploma engineering from Veerangana Jhalkari Mahila Polytechnic, an institute affiliated with the Board of Technical Education U.P. Lucknow, after completion of High School, in the Branch of Instrumentation and Control Engineering and completed the aforesaid three years diploma course in the year 2005. Subsequently, pursuant to the notification No. 2/2008 dated 23.07.2008 issued by the Railway Recruitment Board, Allahabad, the applicant applied for the post of Loco Pilot after which the applicant was issued an admit card for appearing in the preliminary examination on 14.12.2008 in which the applicant qualified and she was issued an admit card for appearing in the main examination held on 06.06.2009. After qualifying the main examination, there was a Psycho test for which the applicant was issued an admit card on 06.07.2010 and the applicant qualified in the same. The applicant was served with a letter intimating her to appear before the Respondents on 30.11.2010 for verification of documents.Finally,whileconcludingthecounseling,the respondents put a remark against the name of the applicant as “not applicable”. The applicant forthwith made an enquiry and the authority informed her that she has been declared unfit for not possessing the requisite qualification in the courses as required for the post of Assistant Loco Pilot. Aggrieved with the decision of the respondents, the applicant made a detailed representation on 01.12.2010 before the respondents.

3. We have heard learned counsel appearing for the parties.

4. Refuting the claim of the applicant, learned counsel for the respondents submitted that the educational qualification notified for the post of Asstt. Loco Pilot was High School pass along with ITI/ Act apprentice in the following trades – Fitter, electrician, instrumentmechanic(Notinstrumentation),MillWright/ Maintenance Mechanic, Mechanic Motor Vehicle, Wireman, Tractor Mechanic, Armature, & Coil winder, Diesel Mechanic/ Heat Engineer, Turner, Machinist, RAC or Three years Diploma in Mechanical/ Electrical/ Electronics/ Automobile Engg– whereas the applicant possessed educational qualification of Diploma in “Instrumentation & Control Engineering” which is not a requisite qualification as notified in the Employment Notice No. 2/2008. It is also submitted that the educational qualification is fixed by the Railway Board which is an apex policy making authority in Railwaysandnochangeofeducationalqualificationis permissible. He states that the applicant was provisionally called for the written examination and psychological test while during the document verification, it was found that the applicant possessesaseducationalqualificationaDiplomain “Instrumentation & Control Engineering” which is not a requisite educational qualification as per Railway Recruitment Board, Allahabad’s Employment Notice No. 2/2008 for the post of Asstt. Loco Pilot. It is mentioned that in view of large number of application, it is not possible to scrutinize all the applications before holding written examination or psychological test and the Railway Recruitment Boar