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2025 Supreme(Online)(CAT) 11285

CENTRAL ADMINISTRATIVE TRIBUNAL
K.Haripal, V.Rama Mathew, JJ
Arun Aravind – Appellant
Versus
Union of India – Respondent
Original Application



Advocates:
For the Appellants/Petitioners: Mr. T.C.Govindaswamy, Mrs.Kala T. Gopi, Mr.Kailesh T. Gopi, Mr.Sudhir Kumar B., Mr.Rahul R., Mrs. Nishitha Balachandran
For the Respondents: Ms. M.S.Kiran

Cancellation of a selection process can only occur under justified, specific grounds without arbitrary action violating candidates' rights.

Headnote:(A) Railway Recruitment - Selection Process - The applicants challenged cancellation of selection for Technician-III positions arguing no valid grounds were provided and no opportunity for representation was given, citing a violation of natural justice principles. The court found the cancellation premature and unwarranted. (Paras 1, 26, 30)

(B) En-Masse Cancellation - The court outlined that cancelling an entire selection process is permissible under extreme circumstances, emphasizing the need for specific grounds before such actions. (Paras 21, 24)

Facts of the case:
The applicants were Assistants applying for Technician-III positions. They participated in the written test and were included in a qualifying list. Subsequently, the selection process was cancelled under alleged irregularities.

Findings of Court:
The Tribunal ruled the cancellation of selection mid-process was unjustified and directed the continuation of the process after disregarding ineligible candidates, ensuring compliance with the necessary residency period.

Issues: Whether the cancellation of the selection process was justified and adhered to principles of fairness.

Ratio Decidendi: The respondents were found liable for not adhering to established selection protocols, emphasizing the principle that selection cannot be cancelled arbitrarily without due justification.

Result: Application allowed; selection process to continue.

Table of Content
1. selection notification and eligibility criteria (Para 1 , 2)
2. process of selection and its notifications (Para 3 , 4 , 5)
3. principles regarding en-masse cancellation (Para 20 , 21 , 22)
4. court's findings on the selection process fairness (Para 26 , 30)

ORDER

Justice K.Haripal, Judicial Member

Applicants, 15 in number, are working as Assistants in the Trivandrum Division of the Southern Railway in various offices under the respondents. It is an erstwhile Group D post. By Annexure-A2 notification dated 04.06.2024 the respondents invited applications from serving Assistants (C&W) Artisans working under the Administrative Control of the Trivandrum Division for filling up the vacancies of Technician-III (C&W), in level 2 of Pay Matrix against 25 % LDCE quota earmarked for serving employees, subject to the conditions specified in the notification. Annexure-A2 shows that 46 vacancies were notified, 35 unreserved, 5 for Scheduled Caste and 6 for Scheduled Tribes. The educational qualification is matriculation passed or its equivalent or 10th standard under 10 plus two system. There is no upper age limit. Eligibility is Assistant/C&W Artisan who have rendered minimum 2 years of regular service as on 04.06.2024 in Mechanical Department of Trivandrum Division (as per RBE 43/2017). However, SC/ST employees possessing requisite qualification will be eligible for being considered against the vacancy reserved for them as per extant instructions, if they have completed minimum of one year regular service as on 04.06.2024, as per RBE 03/2019.

2. Annexure-A2 further shows that the process of selection consisted of written examination and assessment of service records. Maximum 50 marks were allotted to prove professional ability through written examination. Record of service carried 30 marks, that is, total marks allotted is 80 out of which the qualifying marks is 30 for written examination and total marks required is 48. That means, the employee must secure a minimum of 60% in the written examination and also 60% in aggregate to qualify for consideration. The panel will be drawn strictly based on merit from among those who have secured 60% marks in written examination and 60% in aggregate as indicated in terms of PBC 54/2012 circulated by PCPO/MAS vide letter No. P(R) 608/P/Genl.posts dated 18.04.2012.

3. The statement filed by the learned Standing Counsel for the respondents show that pursuant to Annexure-A2, 244 applications were received in which 242 employees were found eligible and 2 employees were found ineligible. They were subjected to the written examination and ultimately, Annexure-A3 list of employees who had secured requisite qualifying marks in the written examination held on 29.11.2024 was published. Annexure-A3 consists a list of 102 candidates. It is noted that mere securing qualifying marks in the written examination will not confer any right/guarantee for selection to be placed in the panel, that the final selection and the placement in the panel are subject to the other parameters involved in the selection process.

4. The written test was held on 29.11.2024 and the Annexure-A3 list of employees who qualified was published on 25.02.2025. All the applicants are included in the panel. Meanwhile, as a blot from the blue, on 05.03.2025 the Railway Board issued Annexure-A4 communication on the following lines:

“Sub: Irregularities in selections and reforms thereon. Due to several irregularities noticed in the departmental selections in the recent past, it has been decided to revisit the departmental selection framework and all the pending selections/LDCEs/GDCEs (within Group 'C') which have not been finalised and approved by 04.03.2025 may be treated as cancelled. No further selections may be initiated until further orders. Further instructions to regulate the selections will be issued in due course.”

5. After a few days, on 28.03.2025 the Railway Board issued a communication making certain amendments to Annexure-A4.

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