Cancellation of candidature based on technical errors without due process is invalid.

ORDER

By Hon’ble Mr. Mohan Pyare, Member (A)

Present Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 , seeking the following relief:

“(i) Issue an order or direction calling for the records of the case and quash the letters/orders dated 26.08.2014 and 04.09.2014 issued by the Respondents (attached as Annexure Nos 11 & 12 to the First compilation).

(ii) Issue an order or direction in the nature of mandamus commanding the respondents to issue an appointment letter to the applicant and he may be permitted to join on a Group-D post with all consequential benefits of seniority and pay fixation.

(iii) Issue an order or direction to the respondents to grant the benefits along with arrears of pay and interest thereon at the rate of 12%.

(iv) Issues any other and further orders which this Hon’ble Tribunal deems fit and proper under the facts and circumstances of the case.

(v) Award costs in favour of the applicant. ”

2. Brief facts of this case are that the applicant applied for appointment on a group ‘D’ post in response to the advertisement No.1/2012, dated 15.08.2012 published in ‘Rozgar Prakash’ by the Railway Recruitment Cell, North Central Railway, Allahabad. He was issued an admit card and the applicant participated in the written examination held on 08.12.2013 which he passed and appeared for the physical ability test on 07.03.2014 in which also he qualified and was called for the medical examination held on 30.04.2014. Thereafter, the applicant found out through the internet that his candidature had been cancelled. Then the applicant moved a representation dated 09.06.2014 addressed to the President/Deputy Chief Personnel Officer- Recruitment, Railway Recruitment Cell, North Central Railway, Allahabad through registered post and when no reply was received the applicant filed an O.A. No./779/2014 which was disposed of on 24.06.2014 with the direction to decide the fresh representation to be moved by the applicant. Thereafter, while the applicant had filed a contempt application also, he got two letters, one dated 26.08.2014 and another 04.09.2014. The letter dated 26.08.2014 said that the respondents had referred the case of the applicant to the forensic expert which confirmed that the signature on the application form, O.M.R./answer sheet and hand writing sample were of different persons and based on the said report the respondents came to the conclusion that somebody else appeared on behalf of the applicant in the written examination. The letter also alleges that a show cause notice dated 20.06.2014 was served to the applicant and he was required to file his reply by 20.07.2014 and that the applicant had failed to file his reply within the stipulated period and in view of the same, the competent authority had decided to cancel the applicant’s candidature for the Group ‘D’ post and also debarred him from all R.R.C/R.R.B. examinations for appointment in railways for lifetime. The letter dated 26.08.2014 was amended vide letter dated 04.09.2014 and it the said letter, it has only been alleged that although the applicant was found suitable to be called for document verification on the basis of the written examination and the physical efficiency test, however, while going through the verification of documents it was observed that the applicant did not adhere to the instructions endorsed on the O.M.R. sheet and he has failed to put his signature on the O.M.R. sheet and because of this, his candidature has been cancelled. It was also