TRILOK KUMAR VED Vs. UNION OF INDIA

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, the only short question which has been raised for our consideration and adjudication is as to whether the disqualification of a candidature from the consideration of the test of a ticket collector and recorded by the respondent authorities and on being challenged before the Central Administrative Tribunal, Ahmedabad Bench in O.A. No. 385 of 1997 by invoking the aids of the provisions of Section 19 of the Act could be said to be in any way vulnerable, to which our answer, after having given our anxious considerations and thoughts to the facts of the present case emerging from the record is positively in the negative.

(2.) . A few skeleton projection of facts may be stated for the limited purpose of examining merits of the impugned order of the Central Administrative Tribunal dated 15.5.1998. The petitioner before us was an employee of Union of India working with Western Railway. He was called for a written test for the post of ticket collector to be held on 12.1.1997 pursuant to his application and he was allotted centre at Gyanjyoti Vidyavihar, Ghatlodia near to his residential premises. The petitioner alleged that as he was required to go to see his alining relative in Vasna area and on account of his compelling circumstances, he could not return to his house in the night and, therefore, it was not possible for him to reach in the morning on 12.1.1997 in the scheduled centre of examination. He further alleged that the centre was changed after undergoing necessary formalitie. Of course, the petitioner was declared pass in the written examination. Subsequently, he was also called for oral interview. Thereafter, the selection board found that the petitioner was absent at the scheduled centre of examination and appeared at another centre at Ghatlodia without requisite permission. Therefore, the petitioner was held to be disqualified for being considered for the said post.

(3.) . The petitioner thereafter, as stated hereinbefore, approached the Central Administrative Tribunal and carried the order of the respondent authorities unsucessfully in the Original application and also failed in his Review Application before the Tribunal. That is how the petitioner has filed the present petition invoking the provisions of Articles 226 and 227 of the Constitution of India.