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2026 Supreme(Online)(CAT) 2040
CENTRAL ADMINISTRATIVE TRIBUNAL
Sunil Thomas, Member (J), V. Rama Mathew, Member (A)
A.M. Abdul Sherief – Appellant
Versus
Union of India – Respondent
Original Application No. 180/00253/2024|Original Application No. 180/00356/2024
For the Appellants/Petitioners: Mr. Varun C. Vijay, Ms. Divya Chandran, Ms. Rekha Vasudevan
For the Respondents: Mr. V. Sajith Kumar, Mr. T.C. Govindawamy, Ms. Kala T. Gopi, Mr. Kailesh T. Gopi, Ms. Nishitha Balachandran, Mr. Sreejith N., Mr. Rahul R., Ms. Mamatha S. Anilkumar
Scheduled Caste candidate undergoing pre-promotional training for reserved categories cannot be selected against unreserved vacancy on merit due to training advantage, requiring adjustment to reserved vacancy.
Headnote:(A) Railway Board Circulars - RBE Nos. 108/2019, 80/2021, 11.4.1991, 142/2019 - Promotion to safety category posts - Scheduled Caste candidate who underwent pre-promotional training meant exclusively for reserved categories cannot be selected against unreserved vacancy even if selected on merit, as training provides added advantage over general candidates - Pre-promotional training intended to enable reserved candidates to compete for reserved vacancies only, not for migration to unreserved posts - Accelerated promotion history of reserved candidate further disqualifies consideration against unreserved vacancy. (Paras 22-36)
(B) Reservation in Promotion - Merit-based selection - No relaxation in qualifying marks for safety posts, yet affirmative actions like pre-selection training create class apart for reserved candidates, barring them from unreserved vacancies - Department must examine per DoPT OM dated 1.7.1998 before adjusting such candidates to general seats. (Paras 30-31)
Facts of the case:
Loco Pilots (general category) challenged inclusion of Scheduled Caste Loco Pilot, who availed pre-promotional training for reserved candidates, in select panel for Chief Loco Inspector post against unreserved vacancy despite merit position. Notification filled 12 vacancies (10 UR, 1 SC, 1 ST) via written exam and record of service; reserved candidate ranked higher but had undergone 3-4 week syllabus-specific training not extended to general candidates.
Findings of Court:
Selection of reserved candidate to unreserved vacancy set aside; directed recasting of panel adjusting reserved candidate to SC vacancy per merit and seniority, with next meritorious to UR vacancy, to be completed within two months.
Issues: Whether reserved category candidate availing pre-promotional training can be accommodated in unreserved vacancy on merit; impact of such training as affirmative action creating unequal footing.
Ratio Decidendi: Pre-promotional training gives reserved candidates edge, making them ineligible for unreserved posts despite no mark relaxation; aligns with circulars restricting training to reserved vacancies and judicial precedents barring migration post-affirmative benefits.
Result: Original Applications allowed in part.
| Table of Content |
|---|
| 1. factual background of selection process and parties (Para 1 , 2 , 3 , 4 , 5 , 6 , 10 , 14 , 15 , 16) |
| 2. applicants' and respondents' contentions on merit vs reservation (Para 7 , 8 , 9 , 11 , 12 , 13 , 17 , 18 , 19 , 20) |
| 3. pre-promotional training advantages for sc/st candidates (Para 21 , 26 , 27 , 28 , 29 , 30) |
| 4. core issue: sc candidate with training in ur vacancy (Para 22 , 23 , 24 , 25) |
| 5. precedents prohibit reserved candidates in ur vacancies (Para 31 , 32 , 33 , 34) |
| 6. recast panel excluding trained sc from ur vacancy (Para 35 , 36 , 37) |
O R D E R
Per: Justice Sunil Thomas, Judicial Member –
OA No. 180/00356/2024 –
The applicants herein challenge the inclusion of the 5th respondent a Scheduled Caste candidate, in the select list to the post of Chief Loco Inspector, against the UR vacancies.
2. Applicants Nos. 1 and 2 are Loco Pilots/Mail in the Trivandrum Division. They joined as Diesel Assistants on 6.4.1998 and 25.1.1989 respectively. After several promotions the 1st applicant was appointed as LP Mail on 20.1.2021 and the 2nd applicant on 31.9.2009.
3. While so, the 4th respondent, the Assistant Personnel Officer of the Southern Railway issued Annexure A1 notification dated 19.1.2023 notifying 12 vacancies of Chief Loco Inspector in Level-7 in Electrical Operations Department of Trivandrum Division. The eligibility criteria mentioned in the notification was Loco Pilot/Mail, Passenger and Goods who have completed either 5 lakhs kilometers actual foot plate duties or 10 years of actual service as Loco Pilot. The mode of selection prescribed was written examination to asses the professional eligibility of the candidates and record of service. The panel was to be prepared on the basis of merit.
4. Annexure A1 notification provided for a pre-promotional course for training the employees belonging to the SC/ST category, covering the syllabus of examination to be conducted for selection. This was provided as the post of Chief Loco Inspector being a safety category post no relaxation of qualifying marks was extended to the reserved community employees. The 5th respondent who belonged to the Scheduled Caste community had availed the said benefit evidenced by Annexure A2 dated 5.1.2024. Annexure A2 is the list of Loco Pilots of the reserved community who have participated in the pre-promotional course, and the name of 5th respondent is at serial No. 15.
5. The applicants who satisfied the eligibility criteria mentioned in Annexure A1, submitted their candidature for selection to the post of Chief Loco Inspector. Written examination was conducted on 23.1.2024. The 4th respondent published Annexure A3 dated 6.3.2024 the list of candidates who have secured requisite qualifying marks in the written examination. Applicants were included as serial Nos. 3 and 2 respectively. 5th respondent is seen included at serial No. 10 in Annexure A3 dated 6.3.2024. Annexure A3 did not disclose the marks gained by the candidates included therein. On 4.4.2024, 4th respondent published Annexure A4 select panel of 11 candidates for appointment to the post of Chief Loco Inspector in Level-7. Annexure A4 shows that 5th respondent who had availed the benefit of pre-promotional course for the reserved community candidates was included against UR vacancy. This inclusion of the 5th respondent in the select list was challenged by the applicant in OA No. 253 of 2024 who was at serial No. 5 in Annexure A3. By Annexure A5 order in OA No. 253 of 2024 the Tribunal directed status quo to be maintained with respect to the appointment of the 5th respondent to the post of Chief Loco Inspector.
6. Though attempts were made by the applicants to secure information regarding marks gained by the candidates in the selection, under the Right to Information Act, it was futile. An RTI appeal challenging that order was filed and is stated to be still pending.
7. According to the applicants, the 5th respondent being a Scheduled Caste candidate and who had availed the be
