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2026 Supreme(Online)(CAT) 4155
CENTRAL ADMINISTRATIVE TRIBUNAL
Urmita Datta (Sen), Judicial Member, Suchitto Kumar Das, Administrative Member
M. Shiv Prasad – Appellant
Versus
Union of India – Respondent
O.A. 351/168/2024|O.A. 351/1379/2023
Important Points
Subject
Service Law - Recruitment and Qualification
Act Referred
Headnote
(B) Recruitment process - Provisional admission to exam - Does not forfeit claim if eligibility verified later - Detailed scrutiny post-exam permissible - Past departmental acceptance binds consistency unless cogent change. (Para 6)
Facts of the case:
Applicant applied for Junior Engineer post under Electrical Department in combined recruitment - Degree in Mechanical and Production Engineering provisionally accepted for exam (merit sl. no. 18) but rejected post-document verification despite prior acceptance in 2018-19 - Prior Tribunal order directed re-verification - Department rejected via speaking order citing strict RR and DoPT guidelines - Appointments made to advertised vacancies.
Findings of Court:
Department erred in rejecting candidature - Directed appointment as Junior Engineer within 90 days, supernumerary post if required to avoid disturbing existing selections.
Issues: Whether Mechanical and Production Engineering degree meets essential qualification for Junior Engineer (Electrical); effect of prior departmental acceptance and failure to object to admit card; applicability of DoPT OM to equivalence in recruitment implementation.
Ratio Decidendi: Straightjacketing engineering degrees by nomenclature ignores curriculum equivalence, especially with university certification and prior acceptance - DoPT guidelines on exhaustive RR framing do not bar equivalence consideration during actual recruitment given educational diversity.
Result: OA allowed.
For the Applicant: G. B. Kumar, V. Devi
For the Respondents: R. Kumar
| Table of Content |
|---|
| 1. factual background of recruitment and rejection. (Para 1 , 2) |
| 2. applicant's eligibility based on prior acceptance. (Para 3) |
| 3. strict adherence to recruitment rules. (Para 4) |
| 4. prior tribunal order directing qualification verification. (Para 5) |
| 5. equivalence of engineering degrees permissible. (Para 6) |
| 6. direct appointment to supernumerary post. (Para 7) |
CENTRAL ADMINISTRATIVE TRIBUNAL KOLKATA BENCH, KOLKATA O.A. 351/168/2024 Date of Hearing : 19/02/2026 Date of Order: 02/04/2026 Coram: Hon’ble Smt. Urmita Datta (Sen), Judicial Member Hon’ble Mr. Suchitto Kumar Das, Administrative Member IN THE MATTER OF:
Shri M. Shiv Prasad, Son of Shri M. Triupathi Rao, Aged about 30 years, Resident of Shiv Colony, Dolly Gunj, Ward no. 17, Port Blair Tehsil, South Andaman-744103.
Mobile no. – 9679534744 Email I’d- shiv.vihsrao@gmail.com.
...Applicant -VERSUS-
1. Union of India, Service through the Secretary, Govt. of India, Ministry of Home Affairs, North Block, New Delhi - 110 001
2. Union of India, Service through the Secretary, Ministry of Power Govt. of India, Rafi Marg, Shram Shakti Bhawan New Delhi-110001
3. The Hon'ble Lieutenant Governor Andaman and Nicobar Islands Raj Niwas, Port Blair - 744101
4. The Chief Secretary Andaman and Nicobar Administration Secretariat, Port Blair - 744101
5. The Secretary (Power) Andaman and Nicobar Administration Secretariat, Port Blair – 744101
6. The Superintending Engineer Electricity Department Andaman & Nicobar Administration VidhyutBhawan Port Blair, South Andaman
7. Shri. Amit Chakraborthy Son of Narayan Chakraborty Junior Engineer under the Electricity Department, Presently posted at South Andaman Division, Electricity Department, Hutbay, Little Andaman - 744207
8. Shri. R Abhilash Nair Son of Radhakrishan Nair Junior Engineer under the electricity Department, Presently posted at South Andaman Division, Electricity Department, Swaraj Dweep - 744211
9. Shri. Ajay Krishnan Son of T Radhakrishnan Junior Engineer under the Electricity Department, Presently posted at South Andaman Division, Electricity Department, Swaraj Dweep -
744211
10. Shri. P Ravi Kumar Son of Late P Sita Ram Junior Engineer under the Electricity Department, Presently posted at Nicobar Division, Electricity Department, Kamorta, Nancowrie - 744303
11. Shri. Abhishek Roy Son of Ashok Kumar Roy Junior Engineer under the Electricity Department, Presently posted at Nicobar Division, Electricity Department, Nicobar District, Campbell Bay - 744302
12. Shri. CH Emmanuel David Raj Son of CH Paul Reddy Junior Engineer under the Electricity Department, Presently posted at Rural Division, Electricity Department, Rangat, North & Middle Andaman District-744205
13. Shri. V Janakar Son of A Vasudevan Junior Engineer under the Electricity Department, Presently posted at Nicobar Division, Electricity Department, Katchal, Nancowrie - 744303 14. Shri A. J. Ajay Nair Son of Ajit Nair Junior Engineer under the Electricity Department, Presently posted at Rural Division, Electricity Department, Betapur, Rangat, North & Middle Andaman District - 744205
15. Shri Kiran Singh Son of Gyan Singh Junior Engineer under the Electricity Poor Department, Presently posted at Rural Division, Electricity Department, hived Kadamtala, Rangat, North & Middle Andaman District - 744205 …Respondents.
For the Applicant : Mr. G. B. Kumar, Ms. V. Devi; Counsel For the Respondents : Mr. R. Kumar; Counsel O R D E R Per: Hon’ble Mr. Suchitto Kumar Das, Member (A):
1. The applicant has approached this Tribunal under Section 19 of the Administrative Tribunals Act, 1985,for the following reliefs: -
“(i) An order be passed setting aside the Impugned Order No. 921 dated 29.12.2023 passed by the respondent No. 6 alleged in compliance to the order dated 01.12.2023 passed by this Hon'ble Court in O.A No. 351/1379/2023 whereby the respondent No. 6 by taking irrelevant consideration rejected the claim of the applicant for consideration of his case for appointment to the posts of Junior Engin
