LAWS(KAR)-2019-6-42

UNION OF INDIA Vs. SREENIVASA J

Decided On June 28, 2019
UNION OF INDIA Appellant
V/S
SREENIVASA J Respondents

JUDGEMENT

(1.) Petitioner No.1 to 3 have filed the present writ petition challenging the order passed by the Central Administrative Tribunal, Bengaluru Bench (hereinafter referred to as 'the Tribunal') in Original application No.298/2014 dated 17.03.2015.

(2.) We have heard the learned counsel appearing for the petitioners and the respondent.

(3.) The gist of the case is that, the Chairman, Railway Recruitment Board, Bengaluru, issued a notification calling for the application for 24 posts of Health and Malaria Inspectors by making communal reservation under the prescribed Rules. Respondent belongs to OBC category and he appeared for the exams conducted by the petitioners and was declared as pass and was found qualified. Thereafter, he was asked to attend for document verification before the Railway Recruitment Board (hereinafter called as 'RRB', for short) and an offer for appointment has also been issued for the said post. Subsequently, by order dated 17.01.2014, the offer of appointment was cancelled on the ground that, on a further verification by the petitioner No.2, it was found that the respondent did not possess requisite qualification as per para 165 of IREM Vol.I. But however, one Shri.Subhash S, who was having the degree in B.Sc.(Biochemistry) and one Smt. Shali P. who has obtained degree in B.Sc.(Polymer Chemistry) have been appointed to the said post. Questioning the same, respondent approached the Tribunal.