Tampering with an OMR answer sheet invalidates a candidate's application; expiration of select panels limits appointment validity.

ORDER

By Justice Rajiv Joshi, Member (Judicial):-

Heard Mr. Ankur Sharma along with Ms. Nidhi Aarwal learned counsel for the applicant and Shri Krishna Ojha, learned counsel for the respondents at the time of hearing.

2. The instant Original Application under Section 19 of the Central Administrative Tribunal Act , 1985 has been filed for the following reliefs:

I. Issue an order of direction in the nature of certiorari quashing the letter/order dated 14.07.2016 (Annexure No. A-8), passed by Respondent No. 3 whereby the candidature of the applicant for the aforesaid post has been cancelled AND also to quash the order dated 19.02.2019 passed by Respondent No. 2/ Chairman, Railway Recruitment Cell, Nawab Yusuf Road, Near Balmiki Chauraha, Allahabad. (Annexure No. A-1) by which the claim of the applicant for appointment on the Post of Helper Electric T.R.T./T.R.M./ T.L. Vidhyut (Group- D) as OBC candidate in pursuance of Advertisement (Employment Notice No. 01/2012) (Annexure No. A-2) dated 11/08/2012, issued by Respondent No. 2 has been cancelled.

II. Issue an order of direction in the nature of mandamus directing the respondents to select and appoint the applicant on the Post of Helper Electric T.R.T./T.R.M./ T.L. Vidhyut (Group-D) as OBC candidate in pursuance of Advertisement (Employment Notice No. 01/2012) (Annexure No. A-2) dated 11/08/2012, issued by Respondent No. 2, and to give him the status of a selected candidate, granting him all consequential benefits.

III. Issue any other appropriate order or direction which this Hon'ble Tribunal deems fit and proper in the attending circumstances of the case.

3. The brief facts as narrated in the Original Application are that an advertisement being Notification No.01/2012 was floated by the respondent-2 for filling up the post of Group-D. The applicant being eligible, applied for the post of Helper Electric TRT/TRM/TL Vidhut under Other Backwards Category (hereinafter referred as OBC). Thereafter, he appeared in the written test, which was to be held on 01.12.2013 and was declared successful in the said exam. Subsequently, he was called for Physical Test and he appeared in the said test, wherein he was declared successful.

3.1 Thereafter, the respondents declared the final result, but the name of the applicant was not found in the selected final list, whereas the candidates, having lesser marks than the applicant, had been appointed. Aggrieved by the same, he made an application under Right to Information Act, 2005 on 08.10.2015 before the respondent-2, seeking certain information, but the same was rejected as the fees regarding the information sought by the applicant, was not properly paid. Thereafter, the applicant submitted another application under RTI Act on 18.06.2016. In reply, it was informed to the applicant that the candidature of the applicant was cancelled as he used whitener/eraser in OMR Sheet vide letter dated 14.07.2016.

3.2 Aggrieved by the same, the applicant earlier approached this Tribunal in O.A. No.1110/2016, which was disposed of vide order dated 30.10.2018 with a direction upon the respondents to re-consider the case of the applicant in light of the judgment of Apex Court passed in case of Hanuman Dutt Shukla & Ors. Vs. State of UP & Ors. reported in (2018) 16 SCC 447 and also to pass a speaking and reasoned order, under intimation to the applicant, but the respondent Authorities rejected the claim of the applicant vide order dated 11.02.2019. The orders dated 11.02.2019 as well as 14.07.2016 is impugned in this Original Application.

4. On the other hand, counter affidavit has been filed from the side of