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2026 Supreme(Online)(CAT) 5059

CENTRAL ADMINISTRATIVE TRIBUNAL
1564/2025
O.A./552/2025



Legal Category Hierarchy

  • administrative law
    • service law
    • judicial review
      • grounds of review
        • arbitrariness (Para 24, 25, 26, 29)
        • non-application of mind (Para 25, 26, 29)
        • lack of reasons (Para 26, 29)
  • practice and procedure
    • administrative tribunals
      • original application under section 19 (Para 1, 30)

Table of Contents

1. Challenge to cancellation of written test for promotion to Junior Engineer (Engineering) under Section 19 of Administrative Tribunals Act. (Para 1 , 2 , 14 , 19 )

2. Applicants argued cancellation arbitrary; respondents argued it was justified due to irregularities and Railway Board circulars. (Para 3 , 6 , 7 , 8 , 9 , 10 )

3. Impugned order set aside; respondents directed to proceed with selection from declaration of result stage. (Para 30 )

4. What is required for a valid cancellation of an examination due to irregularities?

The competent authority must apply its mind and record reasons explaining why cancellation is necessary, such as widespread infirmities undermining the entire process. (Para 17 , 24 , 25 , 26 , 29 )

5. Can an examination be cancelled solely because of a few out-of-syllabus questions?

No, the authority must assess the impact; if irregularities are not all-pervasive and can be corrected, cancellation without reasons is arbitrary. (Para 17 , 20 , 25 , 26 )

6. What is the scope of judicial review over an administrative decision to cancel an examination?

Judicial review can set aside the decision if it shows non-application of mind, arbitrariness, or lack of reasons, even if the authority is an expert body. (Para 25 , 26 , 27 , 29 )

1. The applicants in this OA under Section 19 of the Administrative Tribunals Act, have sought the relief of quashing and setting aside the order dated 10th June, 2025 and direction to the respondents to complete the selection process.

2. Facts, shorn of details, are that applicant no. 1 was appointed in the Railways on 21st November, 2014. Presently, he is holding the post of Technician-II. Applicant no. 2 was appointed as Technician-III on 23rd January, 2021. Both the applicants are eligible to appear for the selection to the post of Junior Engineer (Engine Wing).

2.1 The applicants contend that the respondents vide Selection Notification dated 23rd August, 2024 (Annexure-A-2), notified total 5 posts (4-Unreserved, 1-ST) i.e. Junior Engineer (Engineering) Level-6 against 25% Ranker Quota. The applicants participated in the written test conducted on 22nd November, 2024. Thereafter, the answer key to the questions was notified by the Railway Authorities which contained some errors. Therefore, the candidates including the applicants raised objections to the Written Test conducted by the respondents. There was also an issue of WDS-6 Loco Topic/Subject being included in the said question paper. There were several questions which were out of syllabus. The respondents vide notification dated 03rd December, 2024, dealt with all objections. The respondents rectified 13 answers. On the issue of WDS-6 Loco, it was stated that the same included in the syllabus and the same was also there in the sample question paper.

2.2 The applicants further contend that after issuance of the Notification dated 03rd December, 2024, the result of the Written Test was declared on 09th January, 2025. Out of 42 candidates, only 2 candidates i.e. applicants herein were declared qualified in the said Written Test.

2.3 It is further contended that from the letter of the Central Railway Mazdoor Sangh (CRMS) dated 21st February, 2025 (Annexure-A-4) with regard to PNM Item to be held on 21st February, 2025, agenda with regard to cancellation of selection has been manufactured. Serial no. 26 of the said agenda states that Selection under 25% Ranker quota of JE (Engine) Diesel Shed KYN should be cancelled due to wrong answer key and setting out of syllabus questions. The respondents on 10th June, 2025 (Annexure-A-1), passed an order that the written test conducted on 22nd November, 2024 in connection with selection to the post of JE(Engine), ML-6 against 25% Ranker quota, has been cancelled. The said order does not mention the notification dated 03rd December, 2024. The order of cancellation of written test is an abuse and misuse of powers and authority. This order is impugned in this Original Application. The applicant, therefore, filed this OA claiming following reliefs:-

3. Respondents filed their reply. The respondents contend that notification dated 23rd August, 2024 for filling up the JE (Engine Wing) Level-6 in Diesel Shed, Kalyan in Mumbai Division against 25% Ranker quota was issued. In response to the notification (Annexure-A-2), 49 employees had submitted their applications. Out of which 46 employees were found eligible. The written test was conducted on 22nd November, 2024 in which 42 candidates were present. The answer key of the above written test was published on the official website of the respondents and the candidates appeared for written test were called upon to submit representation with respect to answer keys. Representations for 36 answers in the answer key were received. The paper setter revised the answers in the answer key for 13 questions, details of which have been given in para 3 of the reply. WDS-6 loco was included in the syllabus and also in sample question paper. Therefore, WDS-6 question could not be omitted. The result of the written test, accordingly, was declared on 08th January, 2025.

3.1 It is further contended that thereafter, a joint representation dated 14th January, 2025 was received after the declaration of the result from the

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