EAST COAST RAILWAY Vs. MAHADEV APPA RAO

JUDGEMENT

(1.) Leave granted.

(2.) These appeals arise out of an order passed by the High Court of Andhra Pradesh at Hyderabad whereby Writ Petition No.15196 of 2007 has been allowed and the order passed by the Central Administrative Tribunal, Hyderabad Bench in OA No.748 of 2006 set aside.

(3.) Senior Divisional Personnel Officer, East Coast Railway, Visakhapatnam, issued a notification proposing to conduct a written/practical typewriting test for filling up the vacant posts of Chief Typists in the pay-scale of Rs.5500-9000. In response as many as 12 candidates appeared in the test held on 30th October, 2006 the result whereof was announced on 22nd November, 2006. Some of the candidates who failed to qualify made a representation complaining about the manner in which the test was conducted alleging that defective typewriting machines provided to them placed them at a disadvantage vis-a-vis candidates declared successful. The successful candidates also appear to have made a representation impressing upon the authorities to go ahead with the interviews and to complete the selection process expeditiously. Since that did not happen, OA No.748 of 2006 was filed before the CAT by one of the successful candidates for a direction to respondent to proceed with the selection. In the meantime the Divisional Manager of the appellant-Railways issued an order on 14th of December, 2006 cancelling the typewriting test conducted on 30th October, 2006. By another notification of even date a fresh typewriting test was notified to be held on 16th December, 2006 for all the 12 in-service candidates who had appeared in the earlier test. By an interim order passed by the Tribunal the railway authorities were allowed to conduct the proposed second test in which the applicant before the Tribunal could also appear. The applicant was at the same time permitted to amend the prayer in the OA to assail the order passed by the Divisional Manager of the Railways cancelling the earlier test.