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2026 Supreme(Online)(CAT) 3053

CENTRAL ADMINISTRATIVE TRIBUNAL
LATA BASWARAJ PATNE, Judicial Member, VARUN SINDHU KUL KAUMUDI, Administrative Member
PENUGONDA RAVITEJA – Appellant
Versus
UOI – Respondent
OA No.020/00672/2023|OA No.020/673/2023|OA No.020/00682/2023|OA 686/2023|OA 687/2023|OA 12/2024|OA 1838/2024



Advocates:
For the Appellants/Petitioners: Mr. G. Pavana Murthy
For the Respondents: Mr. P. Narayana, Sr. PC for CG, Mr.V. Vinod Kumar, Sr. PC for CG, Mr. M. Brahma Reddy, Sr. PC for CG, Mr. K. Ravi Krishna Kanth, Sr PC for CG, Mrs. M. Swarna, Sr. PC for CG

Eligibility for CCAA quota under recruitment notification strictly requires NCVT exam appearance before application cut-off date; post-cut-off despite training completion disqualifies – Misrepresentation in application justifies candidature cancellation at any stage.

Headnote:(A) Apprentices Act, 1961 - Section 22(1) - Railway Recruitment Notification CEN 01/2019 - Para 12.2 - Course Completed Act Apprentices (CCAAs) - Eligibility criteria - Cut-off date for online applications fixed as 12.04.2019 - Candidate considered to have completed apprenticeship training only if appeared in NCVT examination on or before cut-off date, even if result not declared - NAC certificates showing passing in April 2019 despite actual exams held May/June 2019 - Applicants marked 'Yes' to completion of apprenticeship in online form despite not appearing for NCVT before cut-off - Provisional eligibility for CBT granted based on misrepresentation - Subsequent detection at document verification stage - Cancellation of candidature upheld as candidates suppressed facts and furnished incorrect information - Notification stipulation that eligibility determined by online application info and candidature rejected if false/incorrect/suppressed at any stage - No relaxation possible post-recruitment commencement per Supreme Court principle that rules of the game cannot be changed - Clarification by training authority suggesting consideration based on training completion date not binding on employer - Policy uniformity across zones maintained, erroneous appointments elsewhere rectified by terminations/de-empanellings. (Paras 20-26)

(B) Service Law - Recruitment Process - Suppression/Misrepresentation - Candidates must possess/fulfill eligibility on closing date; those awaiting final results barred from applying - Online application info sole basis for eligibility verification - Exemption from PET for CCAAs does not confer legitimacy if ineligible - No estoppel by allowing CBT participation on provisional basis. (Paras 21-23)

Facts of the case:
Multiple consolidated applications by Course Completed Act Apprentices trained in railway establishments challenging rejection under CEN 01/2019 Level-1 posts - Applicants completed practical training before 12.04.2019 but appeared for 109th AITT (NCVT theory exam) in May/June 2019 - Qualified CBT, exempted from PET, cleared DV/medical but held pending - Notice issued seeking proof of NCVT exam date before cut-off - 386 candidates including applicants rejected per Railway Board letter 01.11.2023 citing non-fulfillment of para 12.2.

Findings of Court:
Applicants ineligible as NCVT appearance post cut-off despite NAC showing April 2019 passing - Misrepresentation in online applications by affirming course completion - Respondents justified in cancelling candidatures - No fault attributable to applicants for exam delay as eligibility strictly per notification - Uniform policy applied; other zones rectified similar errors.

Issues: Whether CCAAs from 109th batch with training completion before cut-off but NCVT exam after qualify under para 12.2; validity of candidature cancellation for post-cut-off exam despite provisional CBT clearance; binding nature of training authority clarification.

Ratio Decidendi: Cut-off date crucial; completion requires NCVT appearance pre-cut-off - Misrepresentation/suppression warrants rejection at any stage - Employer not bound to relax notified criteria mid-process; rules of game immutable once recruitment starts - Training authority recommendation discretionary, not overriding.

Result: OAs dismissed.

Table of Content
1. lists applicants in oa 672/2023 (Para 1)
2. relief sought against impugned order (Para 2 , 3)
3. applicants' application and selection process (Para 4)
4. applicants challenge rejection under policy (Para 5)
5. respondents' recruitment process and rejection (Para 6 , 7)
6. respondents defend eligibility criteria enforcement (Para 8)
7. dgt explains aitt scheduling and certification (Para 9)
8. applicants' rejoinder and similar cases (Para 10 , 11)
9. railway board policy on ccaa eligibility (Para 12)
10. status of ineligible candidates across railways (Para 13)
11. prior tribunal dismissal referenced (Para 14)
12. applicants argue delay not their fault (Para 15 , 16 , 17)
13. notification cut-off date critical for eligibility (Para 18 , 19 , 20)
14. misrepresentation in applications justifies rejection (Para 21 , 22 , 23)
15. aitt exam dates contradict certificates (Para 24 , 25)
16. railway board clarifies no relaxation possible (Para 26)
17. prior decisions uphold strict eligibility (Para 27 , 28)
18. oas dismissed; no relief granted (Para 29 , 30 , 31)

(per Hon'ble Dr. Lata Baswaraj Patne, Member(J))

Since the issue involved in all these OAs is similar, all the OAs were heard together and a common order is being passed. However, for the sake of convenience and brevity, the facts and the pleadings mentioned in OA No.

672/2023 are referred to hereunder:

2. The relief sought in OA No. 672 of 2023 is as follows:

“It is humbly prayed that the Hon’ble Tribunal may be pleased to:-

(1) Quash and set aside the Impugned Order dt. 01.11.2023 of Respondent No.1 as it is against the letter and spirit of Section 22 sub-section (1) of the Apprentices Act, 1961, but also running contrary to Board letter No. E(NG)II/2016/RR-1/8, dated

21.06.2016 at para 9 and (2) Further direct the Respondent No.1 & 2 to consider the applicants cases for appointment as per their merit list on par with similar situated candidates who applied under CCAAs and appeared for 109th All India Trade Test under Apprenticeship Training Scheme and completed training on or before 12.4.2019 and Trade Theory exam passed after 12.4.2019 and applied for post notified under CEN 01/2019 in various Zonal/ Divisional Railway who have joined respective posts after successfully completing of selection stages irrespective of discrepancy arose vide para 12.2 of centralized notification 1/2019.

(3) On the strength of, clarification issued by the 5th respondent in his letter dated

07.09.2023 and pass such other Order or Orders as deem fit and proper in the interest of principles of natural justice.”

3. It is the case of the applicants that the applied pursuant to the Central Employment Notification No.01/2019, dt. 23.02.2019 for various posts in Level-1 of VII CPC to be filled by Railway Recruitment Cell (for short RRC), SC Railway. The mode of selection is based on a Computer Based Test (CBT), followed by Physical Efficiency Test (PET), followed by medical examination and document verification. Though the RRC, SC Railway allotted 1867 posts for Course Completed Act Apprentices (CCAAs), who underwent training in Railway establishments and possessing National Apprenticeship Certificate (NAC), there was no specific mention about weightage marks allotted to those candidates applied for the vacancies allotted to CCAAs candidates. While so, the respondents, vide corrigendum dt. 22.07.2022, notified that those candidates, who were trained in Railway Establishments, shall be given due weightage of marks obtained in their NCVT examination in preparation of final merit list after conduct of Computer Based Test (CBT). It is the case of the applicants that they have completed Act Apprentices in Railway Establishments and having possessed National Apprenticeship Certificate (NAC), have uploaded their marks obtained in NCVT examination in terms of the instructions laid down in the corrigendum dt. 22.07.2022. The respondents further issued one more opportunity to the candidates to upload their marks obtai

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