CAV JUDGMENT

(Per: HONOURABLE MR. JUSTICE ARUN KUMAR JHA)

Date : 17-05-2023 Heard learned counsel for the petitioners and learned counsel for the respondent.

2. The present writ petition has been filed by the petitioners for the following reliefs :-

“a. For issuance of writ in the nature of certiorari and order/orders, direction/directions to set aside the order dated 04.05.2017 passed in O.A. No. 610/2015 by a Division Bench of Central Administrative Tribunal, Patna Bench, Patna (hereinafter referred as "Tribunal") whereby the learned Tribunal has directed the petitioners/respondent to declare the result of respondent/applicant effective from the original date of final result of 19.03.2014, within a period of one month from the date of receipt of a copy of the order. Further directed that the respondent/applicant shall be given seniority from the due date as per his position in the merit list and have also passed strictures against the petitioners and directed to pay a cost of Rs. 10,000/- to the respondent/applicant.

b. For any other appropriate order/orders of this Hon'ble Court may deem fit and proper.”

3. Briefly stated the facts, according to the petitioners, are that the respondent applied for the post of Assistant Loco Pilot, Category No.1 under Centralised Employment Notice (CEN) 01/2011 published on 13.08.2011 by Railway Recruitment Board, Patna, Ministry of Railway, Government of India. After scrutiny, admit card was issued to the respondent for the written examination. The respondent appeared in the written examination on 15.07.2012 and subsequently in Aptitude Test, conducted on 26.07.2013. On being found provisionally eligible, the respondent was called for verification of original certificate as well as identity on 25.02.2014. Thereafter, at the time of verification of documents, the respondent produced certificate of Praveshika as equivalent to Matric and a certificate for Varishtha Upadhyaya Examination as equivalent to Intermediate, both were issued from Madhyamik Shiksha Board, Rajasthan. The petitioners sought a clarification from the Railway Board as to whether the said certificate was recognised by the Railway for appointment in the relevant year or not. The reply of the Railway Board was not received. However, the final result of the respondent was kept in abeyance awaiting the reply of the Railway Board. Being aggrieved, the respondent filed O.A. No.610 of 2015 before the learned CAT, Patna, which was allowed vide order dated 04.05.2017. Being aggrieved by the order of the learned CAT dated 04.05.2017, the petitioners filed the present Writ.

4. The learned counsel for the petitioners submitted that the learned CAT has committed grave error by passing the order dated 04.05.2017 whereby the RRB was directed to declare the result of the respondent, without confirming/verifying whether his qualification was equivalent to Matric. The learned counsel further submitted that all along, from appearing in the written examination, subsequently in aptitude test to the verification of the original certificates, the candidates remain only provisionally eligible and subject to fulfilling all the eligibility criteria in all respect. This fact is brought into the notice of all the candidates through call letter for aptitude test and also through intimation letter for verification of the original certificates. Merely appearing / qualifying at written examination does not give any right or entitlement to get selection or appointment in the examination concerned. The eligibility and validity of the candidates are thoroughly checked at the time of verification of certificates and before issuance of panel of selected candidates by the RRB, subject to qualifying the medical test conducted by the concerning Zone/Division. If any type of irregularity is detected in the original forms, admit cards, declaration /certificates of the candidate, their candidature is required to be cancelled / rejected, even after selection/ empanelment i