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CASE NO.:

Appeal (civil) 4347 of 2007

PETITIONER:

Union of India & Others

RESPONDENT:

S. Vinodh Kumar & Others

DATE OF JUDGMENT: 18/09/2007

BENCH:

S.B. Sinha & Harjit Singh Bedi

JUDGMENT:

J U D G M E N T

CIVIL APPEAL NO. 4347 OF 2007

[Arising out of S.L.P. (Civil) No. 23403 of 2005]

S.B. SINHA, J :

1. Leave granted.

2. On or about 09.05.1998, 382 vacancies were advertised for the post of

’Gangman’ by the Waltair Division of the then South Eastern Railways (now

known as East Coast Railways). By a corrigendum issued, the right of the

authority to increate or decrease the number of posts projected for

recruitment was reserved. The educational qualification for the candidates

was prescribed at 8th class pass. Applicants were required to be physically

strong to carry out the job. They were to pass the requisite physical test.

Reservation was provided for the candidates belonging to Scheduled Castes,

Scheduled Tribes and Other Backward Classes. The number of vacancies

was, however, enhanced to 792 posts. The appropriate authority, however,

gave a final clearance for filling up 480 posts pursuant to the notification

dated 09.06.1998. The category-wise vacancies were as under :

General : 240

Other Backward Classes : 115

Scheduled Castes : 72

Scheduled Tribes : 53

3. Out of 480 vacancies, 240 posts were meant for general category

candidates. The cut-off marks were provided for different categories of

candidates in the following terms :

General : 71

Other Backward Classes : 56

Scheduled Castes : 20

Scheduled Tribes : 20

4. Indisputably, 426 posts were filled up which were earmarked for

candidates belonging to General Category, Other Backward Classes,

Scheduled Castes and Scheduled Tribes. 12 posts reserved for Scheduled

Castes and 42 posts reserved for Scheduled Tribes, however, could not be

filled up owing to non-availability of the qualified eligible candidates.

Respondents herein had not been appointed although they had obtained the

qualifying marks specified in terms of the notification dated 09.06.1998. 39

unsuccessful candidates filed an application before the Central

Administrative Tribunal. The said application was disposed of directing the

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Railway Administration to consider the question in regard to lowering of

cut-off marks.

5. The competent authority of the Railways, however, took a decision

that it would not be conducive to general merit of the candidates if the cut-

off marks were further lowered, whereafter another application was filed

before the Tribunal. The said application was marked as OA No. 1750 of

2000. By an order dated 02.05.2001, the said application was dismissed by

the Tribunal, inter alia, opining that the appellants could not be directed to

lower down the cut-off marks. A writ petition filed thereagainst by the

respondents herein, however, by reason of the impugned judgment has been

allowed, directing the appellants to appoint them by lowering the cut-off

marks against the posts reserved for candidates belonging to Scheduled

Caste and Scheduled Tribe candidates, stating :

"According to Railways, the following is the break

up of vacancies. Out of 480 vacancies, 240 posts are

meant for OC category, 72 for SC category, 53 for ST

category and 115 for OBC category. As far as OC and

OBC categories are concerned, all the posts were filled,

and for want of eligible candidates the posts meant for

SC category were not filled up. In such a situation, the

only w