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2024 Supreme(Online)(CAT) 7279
CENTRAL ADMINISTRATIVE TRIBUNAL
A. K. Dubey, Member (A), Umesh Gajankush, Member (J)
Jagdish Prasad Meena – Appellant
Versus
Union of India – Respondent
Original Application No. 244/2023
For the Appellants/Petitioners: Ms. S.S. Chaturvedi
For the Respondents: Ms. R.R. Patel, Mr. Joy Mathew, Ms. Vilas Purani, Ms. Aishwariya Gupta, Mr. Nisarg K. Acharya
Recruiting agency must conduct fact-finding inquiry into exam irregularity allegations before proceeding with selection process.
Headnote:The applicants challenged the notification and results of a Computer Based Test (CBT) for Group B post of Assistant Commercial Manager under 30% LDCE quota, citing irregularities in sitting arrangements and invigilation at Ahmedabad Centre, contrary to examination protocols under relevant railway recruitment rules. Essential facts include issuance of eligibility list, conduct of CBT on 25.06.2023 by NAIR, post-exam complaint on 14.07.2023, result declaration on 17.07.2023, and respondents' admission of potential lapses in invigilation letter dated 02.08.2023. The Tribunal found allegations of non-transparent exam conduct required scrutiny, noting deviation from initial investigation assurance and lack of higher authority review of reports/CCTV. Key issues framed as whether CBT on 25.06.2023 at Ahmedabad was fair, transparent, and proper amid claims of irregular sitting and invigilation lapses; whether proceeding to viva-voce without inquiry was arbitrary. Ratio decidendi emphasized recruiting agency's duty for fair selection from inception, obligation for fact-finding inquiry on specific allegations before advancing process, distinguishing cases where candidates challenge post-participation failure as settled law does not bar interim challenges to procedural flaws. Original Application disposed directing respondent no.2 to conduct fact-finding inquiry into 14.07.2023 representation within 30 days prior to further selection, proceeding per findings; pending applications disposed without costs.
| Table of Content |
|---|
| 1. challenge to exam notification and irregularities in cbt conduct. (Para 1 , 2 , 3 , 4) |
| 2. parties' contentions on exam fairness and malafide claims. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. arguments on locus and supreme court precedents. (Para 13 , 14 , 15 , 16) |
| 4. duty for fair selection and inquiry obligation. (Para 17 , 18) |
| 5. direct fact-finding inquiry before proceeding. (Para 19 , 20) |
ORDER
Per: Hon’ble Shri Umesh Gajankush, Member (J)
1. The present Original Application under section 19 of the Administrative Tribunal Act, 1985 has been filed by the applicants with prayer for following reliefs:-
“1.1) Lord ships be pleased to admit this petition. And be pleased to issue order quash and setting aside impugned order bearing no. E(G) 1024/4/1(ACM-LDCE)(2023) dated 17.07.2023 as Annexure A/1 and Notification bearing no, E(G) 1024/4/1(ACM LDCE-30%) (2023) Dated 23.02.2023 as Annexure A/3.
1.2 Be pleased to direct the respondent to conduct a fresh notification for examination for the post of ACM.
1.3 That the Hon'ble Tribunal may be kindly pleased to call for the entire record including CCTV Footage of exam hall in possession of the respondent for its kind perusal.
1.4 Any other relief which the Hon'ble Tribunal deems fit.
1.5 That the Hon'ble Tribunal in the facts and circumstances of the present case may further be pleased to grant cost of the application to the applicant.”
2. In brief, it is stated by the applicant that the respondents issued notification for the Group “B” post of Assistant Commercial Manager (ACM) under 30 per cent LDCE Quota, commercial department on 23.02.2023 (Annexure A/3). As per averments of the applicants, the respondents has issued the eligibility list vide letter dated 04.05.2023 in which applicants’ name finds place at Serial No. 178 & 184 respectively. Thereafter, respondents issued the call letter to the applicants for appearance in the Computer Based Test (CBT). The Computer Based Test (CBT) of Group “B” 30 per cent LDCE examination was notified on 25.06.2023 at Ahmedabad Centre. The CBT was conducted by the National Academy of Indian Railway (NAIR).
3. It is stated that at the time of examination, there was no arrangement of sitting roll number wise and the candidates were permitted to occupy any seat in examination hall as per their choice in their own group during exam session. This is averred to be against the Rules of conduct of examination. It was submitted that applicants made a complaint on 14.07.2023 to the Director General of NAIR and also sent the copy to the General Manager and other authority concerned (Annexure A/5). Without considering the complaint regarding irregularity in conduct of examination, respondents declared the result on 17.07.2023 of the said computer examination and declared 19 candidates to have passed it (Annexure A/1). It was further submitted that respondent General Manager replied vide letter dated 02.08.2023 stating:-
“As for the concern about invigilation, we recognized that proper supervision is crucial to uphold the integrity and security of the exam. We deeply regret any lapses in the invigilation process that may have occurred during your exam session. Rest assured, we will be investigating this matter promptly and thoroughly to identify any weakness in our invigilation protocols."
Copy of the reply E(G)104/4/1(ACM bearing LDCE-Complaint) no. dated 02.08.2023 is annexed hereto and marked as Annexure A/6.”
4. It was further stated that General Manager had given assurance in respect of prompt investigation of the matter on 02.08.2023 and on the other hand vide letter dated 07.08.2023 fixed the date of viva- voce on 11.08.2023. Therefore, the present Original Application was submitted broadly on the ground that the respondent General Manager also admitted that there were lapses in the invigilation process during the exam and also mentioned about proper investigation of the matter in this regard. Therefore on the basis of facts and grounds mentioned in
