The cancellation of a selection process must be based on substantial grounds, and systemic irregularities can justify such cancellation.

ORDER

Hon’ble Dr. Chhabilendra Roul, Member (A):

1. The present OA has been filed by the Applicants under Section 19 of the Administrative Tribunals Act , 1985 seeking quashing of the decision of the respondents in cancelling the Examination of 4.09.2021 for selection of internal candidates against 25% promotion quota for all skill artisan working with the respondents.

2. The factual matrix of the case is as follows:

2.1 The brief facts of the case as explained by the learned Counsel for the applicant are, that the applicants, who are working in various posts in the Carriage & Wagon Department of Northern Railway, Delhi Division, had applied for the post of Junior Engineer/C&W in response to a notification issued by the respondent No. 2 on 03.03.2021. The applicants fulfilled the eligibility criteria and appeared for the written test held on 04.09.2021. The result of the written test was declared on 05.10.2021, and each of the applicants were declared qualified. However, instead of issuing the promotion and posting of the applicants, the respondent No. 3 cancelled the entire selection process vide order dated 01.04.2022 (Annexure A- 1) without assigning any reason or justification. Thereafter, the applicants preferred a representation dated 07.04.2022, requesting the respondents to review the cancellation order and send the eligible candidates for training. Feeling aggrieved, the applicants have filed the present OA seeking the following reliefs:-

“i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned order dated 01.04.2022 and consequently, pass an order directing the respondents to consider and to issue the final penal and appointment/posting orders of the suitable candidates in respect of notification dated 03.03.2021 for the post of Junior Engineer (C&W) in the pay matrix level-6 against 25% intermediate (talented) quota with all the consequential benefits from due date.

(ii) Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicant along with the costs of litigation.”

3. Notices were issued to the respondents and they have filed their counter reply to which the applicants have also filed rejoinder.

4. Submission by the learned counsel for the applicant :

4.1 The respondents failed to follow the established procedures for canceling a selection process and did not provide any notice or opportunity to be heard to the applicants. The failure to provide any reason or justification for canceling the selection process is a clear violation of the Railway Board circular dated 11.11.2019.

4.2 The cancellation of the selection process has denied the applicants their rightful opportunity for promotion, causing them significant harm and injustice. However, the respondents failed to provide any reason for the cancellation of the selection process, but for in the reply, that some ineligible candidates were allowed to appear in the selection and there was a calculation mistake in the notified vacancy. The action of the respondent is arbitrary and illegal, causing harm to the applicants, who have qualified for the examination.

4.3 In support of his arguments the learned counsel for the applicant places reliance on the following judgments:-

(i) Coordinate Bench of this Tribunal in OA No. 312/2020, order dated 19.02.2020. Paras 11 and 13 of the same are reproduced herein:-

“11. As per the written result declared on 11.07.2019, it was seen from the Administrative file produced by respondents that there were four such candidates who were in Level 02 to Level 05 and who had not rendered minimum 2 years of service, which was the essential qualification of eligibility but which was erroneously not specified in the notification of 17.10.2018 (para 1.0 supra) and they were declared successful based on written test held on 2.2.2019.

13. In this context, the applicants drew attention to an earlier OA No.1852/2013 decided by the Principal Bench of this Tribunal on 06.12.2014 whe