HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Writ Petition No. 7018/2022

1.

Union of India through General Manager, Northern

Western Railway, Head Office at Jawahar Circle, Jagatpura

Road, Jaipur

2.

Railway Recruitment Cell, Northern Western Railway,

Power House Road, Jaipur.

----Petitioners/Non-Applicants

Versus

1.

Suresh Kumar S/o Shri Shiv Ram Kumawat, aged

about 31 Years, R/o Village Dulhepura, Post Hodd,

Tehsil Khandela, District - Sikar Jaipur (Raj.) posted

as ASM at NWR Bikaner Division at Present Zonal

Railway Training Institute, Sukhadiya Circle, Udaipur

(Rajasthan).

...Respondent/Applicant

2.

Shankar Lal Kumawat S/o Navratan Lal Kumawat,

Helper S.S.E. Signal Jaipur through General Manager,

Northern Western Railway, Head Office at Jawahar

Circle, Jagatpura Road, Jaipur.

----Proforma Respondent

For Petitioner(s)

:

Mr. Divyesh Maheshwari

For Respondent(s)

:

HON'BLE MR. JUSTICE PANKAJ BHANDARI

HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

Order

13/05/2022

Reportable

(Per: Anoop Kumar Dhand,J.)

This petition questions the correctness of the order

dated 02.03.2022 passed by the Central Administrative

Tribunal, Jaipur Bench (for short ‘the tribunal’) by which the

Original Application NO.417/2017 was allowed and the

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[CW-7018/2022]

department of Northern Western Railway (the petitioner) has

been directed to appoint the respondent- Suresh Kumar on

the post of Assistant Station Master at Jaipur Division with all

consequential benefits.

The issue in this petition is “Whether Meritorious

Reserve Candidates can be put in disadvantageous position, if

he secures higher merit/marks in comparison to Unreserved

Category/General Candidates ?”

The facts, in brief, of the case are that the

Department of Northern Western Railway issued an

advertisement No.02/2015 on 12.06.2015 for appointment on

the posts of 38 Assistant Station Masters (for short ‘ASM’) for

various categories. In pursuance of the aforesaid

advertisement, the respondent No.1 submitted an application

under the category of Other Backward Class (for short ‘the

OBC’) and he participated in the selection process and he was

placed at S.No.16 in the list of unreserved candidates as per

his higher performance. When the respondent No.1 was not

given posting at Jaipur Division and ignoring his merit, he

was given posting / appointment in Bikaner Division and the

less meritorious candidate of OBC category (i.e. respondent

No.2-Shankar Lal Kumawat) was given posting/appointment

in Jaipur Division, the petitioner approached the tribunal by

way of filing original application with the following prayer:-

“It is, therefore, prayed that this Hon’ble

Tribunal may be pleased to allow this original

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[CW-7018/2022]

application and further be pleased to quashed and

set aside the impugned order dated 16.06.2017

(annexure-A/1) and the respondents be directed to

appoint to applicant at Jaipur Division on the basis

of the higher merit in the category of OBC with all

consequential benefits.

Any other order or relief which this Hon’ble

Tribunal deems it fit and proper in the facts and

circumstances of the case may kindly be passed in

favour of the applicant.”

The Department of Railways submitted their reply

and stated that in all 38 vacancies were advertized for

appointment on the posts of ASM, out of which 20 posts

were advertized for General Category Candidates, 9 posts

were advertized for OBC category candidates, 6 posts were

advertized for Scheduled Caste candidates and 3 posts were

advertized for Scheduled Tribe candidates. As per the

averments made in the reply, the respondent No.1-Suresh

Kumar stood at S.No.16 in the merit of General Category

Candidates and the vacancies for General Category

Candidates were available division wise in Jaipur Division 4,

Ajmer Division 2 and in Bikaner Division 14. Since 4

vacancies