(Reserved on 05.12.12.2024)

CENTRAL ADMINISTRATIVE TRIBUNAL JABALPUR BENCH, JABALPUR Original Application No. 356 of 2017 Jabalpur, this the 24th day of December, 2024 HON’BLE MR. JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER HON’BLE MRS. MALLIKA ARYA, ADMINISTRATIVE MEMBER Eshwar Prasad Nand Lal Jharane, S/o Nand Lal Jharane, Aged about 36 years, R/o near Bus Stand Durga Chowk at Post & Tehsil Salekasa, Police Station Salekasa Pin No. 441916, District – Gondia (Maharashtra).

…….Applicant Advocate for the applicant: Shri Amardeep Gupta V E R S U S

1. Union of India through Ministry of Railway, Rail Bhawan, Bara Khambha Road, Rafi Marg, New Delhi - 110001.

2. Executive Director (PG), Ministry of Railways, Room No. 467, Railway Board, Rafi Marg, New Delhi- 110001.

3. The Chairman, Railway Recruitment Cell, South East Central Railway, RTS Colony, Near Kendriya Vidyalaya, Bilaspur - 495004.

4. Union of India through its General Manager, South East Central Railway, RTS Colony, Near Kendriya Vidyalay, Bilaspur - 495004.

……Respondents Advocate for the respondents: Shri A.P. Khare O R D E R By Akhil Kumar Srivastava, JM.-

By means of the instant original application filed under section 19 of Administrative Tribunals Act 1985, the applicant has prayed to quash the order dated 06.05.2016 (Annexure A-7) except para 4 of this order and prayer ANAND 2025.01.01 for a direction to the respondents to issue appointment order in his favour with consequential benefits.

2. The facts of the case, in brief, are that pursuant to the advertisement dated 25.08.2012 (Annexure A-1) the applicant applied as OBC candidate and appeared in the written test held on 08.12.2013. The respondents published OMR sheet on internet where the applicant has been declared to be fail and being unsatisfied with the valuation of his answer book, he applied for copy of OMR answer book alongwith the "Model Answer Book" prepared by the respondent No. 3. Having received no response, the applicant filed an application under RTI Act seeking aforesaid documents which the respondents provided. Thereafter, the applicant preferred representation 28.08.2014 and 19.09.2014 before the respondents requesting some documents. Having received no response, the applicant filed writ petition No. 765/2015 before the Hon'ble High Court of Judicature at Bombay Bench at Nagpur. However, vide order dated 09.02.2016 the said writ petition was dismissed on the ground of alternate remedy. Thereafter, the applicant filed OA No. 308/2016 before Bilaspur Bench of this Tribunal which was disposed of with direction to the respondent No. 3 to look into the issues raised in that original application and to take appropriate corrective measures. Consequently, ANAND 2025.01.01 the respondent no. 3 vide order dated 06.05.2016 (Annexure A-7) turned down the request of the applicant.

3. The applicant contended that he belongs to OBC category and he filed the certificate issued by the Sub Divisional Officer Deori dated 18.07.2009 (Annexure A-10) and certificate issued by Sub Divisional Officer Deori, regarding he does not belong to the person/section (creamy layer) dated 20.04.2012 (Annexure A-11) alongwith the application but the same were not considered. The applicant further contended that he submitted a self attested creamy layer certificate as per the requirement of rules of the Government of India according to which, if at the time of the publication of advertisement, the candidate does not have creamy layer certificate from the competent authority, then self attested creamy layer certificate may be given. Hence, the applicant filled verification clause of application mentioning that he belongs to OBC category and does not fall under creamy layer. Thus, the action of the respondents in rejecting the candidature of the applicant is illegal, arbitrary malafied.

4. Learned counsel for the applicant submitted that the applicant submitted all requisite documents which were required particularly showing that he does not c