Eligibility for railway apprenticeship quota requires NCVT exam appearance before application cut-off date; post-cut-off passers ineligible despite training completion; misrepresentation justifies rejection; no mid-process relaxation.

COMMON ORDER

(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 109^th 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 5^th 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 obtained in NCVT examination. The respondents also clarified that those candidates who applied for CCAA vacancies are exempted from appearing from PET examination. All the applicants appeared for the said computer based test, in which, they were declared successful and thereafter, they were called for document verification, followed by medical examination. All the applicants were d