Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CAT) 728

CENTRAL ADMINISTRATIVE TRIBUNAL
Jayesh V Bhairavia, J, Hukum Singh Meena, A
Bariya Sanjaykumar M. – Appellant
Versus
Union of India – Respondent
OA

Advocates:
For the Appellants/Petitioners: S.S. Chaturvedi
For the Respondents: R.R. Patel

Cancellation of a promotion examination without a valid justification is arbitrary and contravenes principles of natural justice and established procedural guidelines.

Headnote:(A) Administrative Tribunals Act, 1985 - Section 19 - Promotion process in public sector - Cancellation of promotional examination without valid justification is arbitrary and violates principles of natural justice - Review of existing procedures for fairness in selection must be ensured. (Paras 6 - 13)

(B) Judgments - Judicial precedents underscore that once a selection list is declared, it should not be cancelled without substantial reasoning; irrational order involves misapplication of authority under the precept of legal guidelines. (Paras 8-9)

Facts of the case:
The applicants challenged the cancellation of the suitability test for promotions after being declared qualified. The respondents cited policy reasons for cancellation, but the absence of transparency and specific policy mentioned raised questions on the legitimacy of their action.

Findings of Court:
The court determined that the respondents failed to follow proper procedures and lacked cogent reasons for the cancellation of the test, thus ruling that the decision was unjust and arbitrary.

Issues: The tribunal examined whether the cancellation of the written selection process was justified and rational given the circumstances.

Ratio Decidendi: The authorities weren't justified in cancelling the promotion test; established selection should not be overturned without valid reason and individuals' rights should be respected.

Result: Orders dated 01.06.2023 and 17.07.2023 quashed, respondents directed to issue promotion orders.

Table of Content
1. challenge to cancellation of promotions (Para 1 , 2)
2. arguments against cancellation (Para 3 , 4)
3. court's examination of procedural fairness (Para 5 , 6 , 8 , 9 , 10)
4. legality of cancellation and proper authority required (Para 7 , 11 , 12)
5. final ruling and directives (Para 13 , 14)

ORDER

Per : Hon’ble Dr.Hukum Singh Meena, Member (A)

1. In the instant OA, the applicants being aggrieved with the Order No. ED/NG/1025/2/5 Vol.II dated 01.06.2023 (Annexure A/1) issued by the Divisional Office, Pratapnagar, Vadodara whereby the applicants were informed that the written suitability test conducted for promotion to the post of Senior Clerk in which they were declared qualified was cancelled due to policy matter and administrative reasons and Letter No. ED/NG/1025/2/5 Vol.II dated 17.07.2023, has filed the present OA under Section 19 of the Administrative Tribunals Act , 1985 seeking following reliefs:-

“8. RELIEFS SOUGHT:

In view of the facts mentioned in Para 4 above, the applicants pray to the Hon’ble Tribunal.

8.1 Lordships be pleased to admit this petition. And be pleased to issue order quash and setting aside order bearing No. ED/NG/1025/2/5 Vol.II dated 01.06.2023.

8.2 Be pleased to direct the respondent to implement the Annexure A/3 and issue the posting/promotion order with all consequential benefit.

8.3 That the Hon’ble Tribunal may be kindly pleased to call for the entire record of the applicant in possession of the respondent for its kind perusal.

8.4 Any other relief which the Hon’ble Tribunal deems fit.

8.5 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. Brief facts of the case are as under:-

2.1 It is submitted that the Divisional Office, Vadodara issued the Memorandum No. EDNG/1025/2/5 Ranker Quota dated 20.06.2022 for the written suitability test for promotion to the post of Senior Clerk Level-5, Personnel Branch – BRC Division for 17 vacancies i.e. SC-4, ST-6 & UR-07 which was to be conducted on 15.07.2022 and in the said suitability list, the names of the applicants appeared at Sr. No. 9 (UR), Sr. No. 5 (SC) and Sr. No. 7 (SC) (Annexure A/2 refer).

2.2 On completion of the said written test for the post of Sr. Clerk PB Rs. 5200-20200+GP Rs. 2800 Level 5 Personnel Branch on 15.07.2022, the Divisional Office, Vadodara Divison vide Memorandum No. E/Conf(S)/EDNG/1025/2/5 Ranker Quota dated 02.08.2022 declared the result/Select list of written suitability test whereby only 8+1 candidates had remained successful and the name of the applicants appeared at Sr. No. 8(UR), 5 (as UR) and Sr. No. 1 Part B: Best among failure (SC) respectively (Annexure A/3 refer).

2.3 It was submitted that after issuance of the result/Select list vide memorandum dated 02.08.2022, the posting order was not issued to the applicant. Being aggrieved with the delay in issuance of posting order, the Western Railway Mazdoor Sangh made a representation dated 01.03.2023 to the Sr. Divisional Personnel Officer, Vadodara requesting that in terms of the said result/Select list issued vide memorandum dated 02.08.2022 a panel may be formed and the selected candidates may be issued promotion order at the earliest (Annexure A/4 refer).

2.4 Thereafter, the similarly situated employee one Ms. Sheetal Damor submitted a representation before the DRM (E) BRC dated 20.03.2023 whereby she requested that her posting order may be issued (Annexure A/5 refer).

2.5 It was submitted that instead of issuing the posting order, the Divisional Office, Pratapnagar, Vadodara issued an Order No.ED/NG/1025/2/5 Vol.II dated 01.06.2023 (Annexure A/1) whereby the applicant was informed that the written suitability test conducted on 15.07.2022 for promotion to the post of Senior Clerk in which the applicant was declared qualified vide Memorandum dated 02.08.2022 was cancelled due to policy matter and administrative reasons. The applicants were given only five days tim

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2026 Supreme(Online)(CAT) 728

CENTRAL ADMINISTRATIVE TRIBUNALJayesh V Bhairavia, J, Hukum Singh Meena, ABariya Sanjaykumar M. – AppellantVersusUnion of India – RespondentOA

Cancellation of a promotion examination without a valid justification is arbitrary and contravenes principles of natural justice and established procedural guidelines.

CENTRAL ADMINISTRATIVE TRIBUNAL
Jayesh V Bhairavia, J, Hukum Singh Meena, A
Bariya Sanjaykumar M. – Appellant
Versus
Union of India – Respondent
OA