ORDER

By Hon’ble Mr. Justice B.K. Shrivastava, Member (J)This OA has been filed on 28.04.2014 Under Section 19 of the Administrative Tribunals Act, 1985 against cancellation of the final selection of the applicant for Group ‘D’ post. The relief(s) claimed in Para 8 of the OA as under:- “I. This Hon’ble Tribunal may be pleased to quash the decision of the respondents cancelling the selection of the applicant for the Group ‘D’ post pursuant to notification No.01/2010 dated 19.12.2010. II. This Hon’ble Tribunal may be pleased to direct the respondents to appoint the applicant on the group ‘D’ post on account of finally qualifying the selection. 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. It is an admitted fact that the Railway Recruitment Cell, North Central Railway, Allahabad issued a vacancy notificationRRC/NCR/01/2010 on 19.12.2010 for 4692 vacant posts in PayBand-1of Rs. 5200-20200/- Grade Pay Rs.1800/-. The applicant applied for the aforesaid post and appeared in the WrittenExamination on 03.06.2012. Thereafter, he also appeared in thePhysical Efficiency Test on 03.11.2012. The DocumentVerification was done on 21.01.2013 and the MedicalExamination was conducted on 22.01.2013. 3. It is submitted by the applicant’s counsel that when final result was declared then it is found that the name of applicant was not mentioned in the result. The status was shown as pending by Annexure A-7. In January, 2014 he received the information that the result of the applicant has been cancelled.

The applicant was never informed about any deficiency in his candidature or any reason, whatsoever, has led the respondent to cancel the result of the applicant. Without giving any reasonable opportunity, his result has been cancelled.

Therefore, he filed the present OA for the relief mentioned in Para 1 of this OA.

4. The respondent opposes the claim of applicant by filingthe counter affidavit on 06.07.2015. It is submitted by the respondent that at the time of Document Verification some new facts came into the knowledge but meanwhile the Medical Test took place. It was pointed out by the Verifying Official that the applicant did not follow the instructions prescribed for filling up OMR sheet as laid down on the top of OMR. It was strictly instructed that the candidate can use only “Blue/Black Ball Pen” and it was also mention in Column No. 13 of OMR sheet that in case the instructions are not followed then OMR answer sheet will be invalid and will not be evaluated. The applicant filled the OMR sheet by ‘Pencil’, hence, his result was shown on the website as pending due to necessity of re-examination on the above noted situation. The OMR sheet was re-examined by the Competent Authority and it is found that the applicant uses the Pencil, therefore, his result has been cancelled. In the aforesaid situation, the respondent prays to dismiss this OA.

5. It is not in disputed that the OMR sheet was given to all candidates at the time of examination. In the aforesaid sheets, the instructions were also attached. The copy of instructions hasbeen submitted by the respondent at Page No. 17. It is mentioned in the top of the instructions “Please Read All Instructions Carefully Before Making Any Entry In The OMR Answer Sheet.” The aforesaid note has been mentioned in Capital Letters of ‘English’. The same has been mentioned in‘Hindi’. All instructions No. 1, 2 & 3 are mentioned in English aswell as Hindi both. In instructions No.2, it is mentioned that:- “Use Blue/Black Ball Point Pen only. Pencil, Fountain Pen & Gel Pens are not allowed.” 6. In Para-13, it is clearly stated that:- “Failure in adhering to the above instructions will render your OMR answer sheet as invalid and it will not be evaluated”. 7. Therefore, it appears that th