IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI WRIT PETITION NO. 103815 OF 2024 (S-CAT)

BETWEEN:

1. THE UNION OF INDIA, REP. BY ITS GENERAL MANAGER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBBALLI.

2. THE PRINCIPAL CHIEF PERSONNEL OFFICER, SOUTH WESTERN RAILWAY, GADAG ROAD, HUBBALLI, PIN-580 020.

3. THE CHAIRMAN, RAILWAY RECRUITMENT BOARD, GOVT. OF INDIA, MINISTRY OF RAILWAYS, Digitally signed by V N BADIGER NO.18 MILLERS ROAD, Location: HIGH COURT OF KARNATAKA BANGALORE, PIN-560 046.

DHARWAD BENCH

4. THE DIVISIONAL RAILWAY MANAGER, SOUTH WESTERN RAILWAY, MYSORE DIVISION, MYSORE, PIN-570 001.

5. THE SENIOR DIVISIONAL FINANCE MANAGER, SOUTH WESTERN RAILWAY, MYSORE DIVISION, MYSURU, PIN-570 001.

… PETITIONERS (BY SRI. MRUTYUNJAYA S.HALLIKERI, ADVOCATE)

AND:

THE LOKESH A.J., AGE. 40 YEARS, OCC. SERVICE, R/O. ADHIHALI, BAGESHGPURA (POST), TQ. ARISIKERI, DIST. HASSAN-573 162.

… RESPONDENT (BY SRI M. SIDDARAJ, ADVOCATE FOR SOLE RESPONDENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING ORDER PASSED BY THE CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BENGALURU IN ORIGINAL APPLICATION NO.170/00356/2023 ON 26/02/2024 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY; REJECT THE ORIGINAL APPLICATION NO.170/00356/2023 ON 26/02/2024 ON THE FILE OF CENTRAL ADMINISTRATIVE TRIBUNAL, BANGALORE BENCH, BENGALURU, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE M.I.ARUN AND THE HON'BLE MR. JUSTICE B. MURALIDHARA PAI

ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE M.I.ARUN)

Aggrieved by the order dated 26.02.2024 passed in Original Application No.170/00356/2023 by the Central Administrative Tribunal, Bengaluru Bench, Bengaluru (for short, ‘the CAT’), respondents therein have preferred this writ petition.

2. Respondents therein invited applications from the physically handicapped persons for the post of ‘Senior Clerk-

cum-Typist and Junior Accounts Assistant’ bearing No.03/2015.

3. Respondent herein had the necessary qualification and he applied for the said post. The respondent was placed in the waiting list along with four other persons. The waiting list was issued subject to the following conditions:

“Candidates with the following Roll numbers have been provisionally selected as STANDBY for the post mentioned below. The roll numbers are in serial order and not in order of merit. It may be noted that the provisional selection as Standby does not in any way entitle the candidate to an appointment in the Railways.

The STANDBY candidates will be provisionally recommended to Railways purely on merit and community-wise requirement on account of medical invalidation or rejection on any other grounds of already recommended candidates or for any other reasons in the exigency of the administration.”

The same is issued on 18.12.2017.

4. Thereafter, on 08.11.2018 the Railway Board which was constituted for the aforementioned recruitment stood dissolved.

5. However, for various reasons the candidates who are selected for the said post either did not join or were later found ineligible and were not appointed. Again a fresh notification was issued in the year 2019 by the petitioners for recruiting physically handicapped persons for the same post.

6. At that time, the respondent made a representation to the petitioners stating that, he was placed in the waiting list in the earlier round of recruitment and as the candidates selected did not join the said post, he ought to have been selected for the said post, rather than inviting fresh applications for the same post. However, the request of the respondent was turned down by the petitioners on the ground that he was placed only in the waiting list and it did not create any vested right