LAWS(DLH)-2013-11-318

MANISH KUMAR Vs. CHAIRMAN, RAILWAY BOARD

Decided On November 01, 2013
Sh. Manish Kumar Appellant
V/S
The Chairman, Railway Board and Ors. Respondents

JUDGEMENT

(1.) The petitioner in the instant case assails the denial of the respondents to undergo the physical efficiency test consequent upon his successfully undertaking the written examination for the post of Sub-Inspector in the Railway Protection Force pursuant to the advertisement issued in the employment notice No.2/2011 in the year 2012. The respondents had invited applications from eligible candidates for filling up the posts of Sub Inspector in the pay band of Rs.9300-34800/- + Grade Pay Rs.4200/- in the Railway Protection Force (RPF) including the Railway Protection Special Force (RPSF). The petitioner had applied for the said post as Schedule Caste candidate.

(2.) For the purpose of the present consideration, the material terms to which our attention has been drawn by Mr. Ayusha Kumar, learned counsel for the petitioner, deserves to be extracted from the advertisement and reads as follows:-

(3.) A reading of the above would show that the scheme of the selection process envisaged a written examination first and only such candidates who qualified in the written examination were required to be called for the PET as well as physical measurement. The advertisement clearly notifies that the number of candidates to be called would be decided by the respondents. The respondents had also not crystallized the place and date of the PET and, as extracted above, the respondents had undertaken that the candidates will be informed of the same in advance.