ORDER

(Delivered by Hon’ble Mr. Justice Om Prakash VII, Member (Judicial)

1.Ms. Nisha Tiwari, learned counsel for the applicants and Ms.Rachna Dubey learned counsel for the respondents, were present at the time of hearing.

2. The present original application has been filed seeking following reliefs:

“(i) To issue an order or direction in the suitable nature directing the respondents / Railway Recruitment Cell, Gorakhpur to published the replacement panel as per direction of RBE 30/2022 dated 15.3.2022 as the panel still in operation as the waiting candidates are not been adjusted against the unfilled vacancies, with all consequential benefits.

(ii) To issue any order or direction which this Hon’ble Tribunal may deem fit and proper under the circumstances of the case.

(iii) To award the cost of the application in favour of the applicants.”

3. The instant original application has been filed by the applicants with a prayer to direct the respondents / Railway Recruitment Cell, Gorakhpur to publish the replacement panel as per direction of RBE No 30/2022 dated 15.03.2022 as the applicants claim that the panel is still in operation as the waiting candidates have not been adjusted against the unfilled vacancies.

The brief facts of the case are that vide Advertisement No.NER/RRC/D/2007/1 dated 06/12/2007, applications were invited for appointment on Group D Posts in North Eastern Railways to which the applicants applied. The applicants appeared in the physical eligibility test followed by the written examination and subsequent stage of medical examination and document verification. The applicants have contended that despite successfully clearing all the stages of the examination, they have not been issued offer of appointment and instead allege that by way of the illegal order dated 10.04.2013 the respondents had published the result but not on all the posts and the respondents recorded in that letter that the remaining 593 posts are available and candidates were given assurance that selection will be made from 20% extra candidates, however the same was not done. Several illegalities and irregularities are alleged to have been committed at the end of the respondents as the applicants have contended that the respondents have changed the terms and conditions of the advertisement midway through the selection process which is not permissible according to law. Allegation has also been made that the entire selection process has been arbitrarily carried out and furthermore the respondents have reduced the number of vacancies midway through the selection process which has inflicted irreparable loss and injury to several candidates and the same is also not permissible according to law. The applicants have also contended that upon non-issuance of the results, the applicants have approached the competent authority of the respondents and got assurance of their selection but no selection has been made.

The applicants have contended that although the matter relates to the notification of the year 2007, yet in view of the fresh Circular No. 30 of 2022 dated 15.03.2022, they are liable to be appointed against the vacancies published in view of the advertisement dated 06.12.2007.

Respondents have filed counter against the OA wherein it has been stated that several posts of Group “D” category were notified vide Advertisement No. NER/RRC/D/2007/1 dated 06/12/2007 in the North Eastern Railway and all the stages of the selection process viz., the physical