Select list placement confers no indefeasible right to appointment; State may reduce provisional vacancies bona fide without arbitrariness.

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:

“a. This Hon’ble Tribunal may kindly be pleased to quash the impugned order No.RRB/GKP Complaint/05 dated 3.6.2015 and to direct to respondent Nos. 3 and 4 to give appointment to the applicant for the post of Diesel Assistant, on the basis of select list prepared after aptitude test and interview, in pursuance of Advertisement No. RRB/GKP/01/2006, Category No.1 (Diesel Assistants) and give consequential benefits to the applicant.

b. This Hon’ble Tribunal may kindly pass any other order, as this Hon’ble Tribunal may deem fit and proper under the circumstances of this case, including the cost of this Original Application.”

2. Brief facts of this case as stated in the O.A. are that the applicant was born on 01.04.1980 and brought up and further got his all education in India. He passed High School Examination in the Year 1994 with 56% marks (IInd Division) from U.P. Board; passed Intermediate Examination in the Year 1998 with 59% marks (IInd Division) from U.P. Board. and B.A. Examination in the Year 2001 (IIIrd Division) from Deen Dayal Upadhyay, Gorakhpur, University, Gorakhpur. The applicant completed his training course with 76% marks as Tractor Mechanic from I.T.I. Gorakhpur, from August 2003 to August 2004. On 04.03.2006, General Manager, North Eastern Railway, Gorakhpur, sent a requisition to Railway Recruitment Board, Gorakhpur declaring 295 vacant posts of Diesel Assistants in North Eastern Railway and requested for recruiting 295 Diesel Assistants for vacant seats. The Railway Recruitment Board, Gorakhpur advertised for 295 posts of Diesel Assistants, in Rojgar Samachar, Newspaper, dated 04-10 March 2006, vide Advertisement No. RRB/GKP/01/2006 Category No. 1 (Diesel Assistants). According to the advertisement, the minimum qualification for the post of Diesel Assistant was High School pass or Diploma from I.T.I. The applicant was having both the qualifications as required in the advertisement. Apart from it, the applicant is also a graduate. The applicant applied for the post of Diesel Assistant as General Category candidate. The last date of filing application form was fixed by Railway Recruitment Board, Gorakhpur on 05.04.2006. The Railway Recruitment Board, Gorakhpur, accepted the application form of the applicant and allotted Role No. 19061011005515, for appearing in written test and Interview. On 08.10.2006, the applicant appeared in the written examination, held by Railway Recruitment Board, Gorakhpur. The Railway Recruitment Board, Gorakhpur took aptitude test for the post of Diesel Assistant, in pursuance of the Advertisement dated 04.03.2006 on 09.02.2007, 10.02.2007, 12.02.2007 to 14.02.2007. On 23.02.2007, the applicant was directed to appear before Railway Recruitment Board, Gorakhpur on 21.03.2007, along with his original documents for verification of certificates. On 21.03.2007, the applicant appeared in Railway Recruitment Board, Gorakhpur at 10.00 A.M., along with his original certificates, mark-sheets and other documents, in pursuance of letter dated 23.02.2007. The original certificates, mark-sheets and other documents were verified by the officers of Railway Recruitment Board, Gorakhpur and all the documents produced by the applicant were verified and approved by the Railway Recruitment Board, Gorakhpur. After completing entire selection processes, Railway Recruitment Board, Gorakhpur, sent the original select list to Chief Personnel Officer, Gorakhpur, on 31.03.2007, in which the applicant has been declared selected.