K JAYAPRAKASH Vs. UNION OF INDIA

JUDGEMENT

(1.) This is an unusual petition wherein the applicant for the post of Law Assistant seeks invalidation of the select list on the ground that the answer scripts were not valued by an officer belonging to the Department in which, according to the applicant, the post is. That Department is said to be the Commercial Department. Reliance is placed upon the Indian Railway Establishment Manual, Vol.I, which refers the post of Law Assistant among the posts in the Commercial Department and which also provides that the channel of promotion for the post of Law Assistant is that of Chief Law Assistant.

(2.) The notification inviting applications was issued in April 1998. That notification does not refer to the post being one in the Commercial Department. It is merely captioned as "Selection for the post of Law Assistant". It invites applications from employees serving in any Branch of the Railways, the selection being on "All Railway Basis". The applicant was put on notice that he should have at least five years of non-fortuitous service in the Railway and that he should possess a B.L. Degree. The applicant in order to have a place on the selection panel must, in addition, undergo a written test and viva voce test, only those qualifying in the written test being called for the viva voce test. That notification also sets out that the Law Assistants have their own regular channel of promotion.

(3.) In addition to the entry "Law Assistants" among the posts in the Commercial Department, instructions are contained in paragraphs 218 and 219 of the Indian Railway Establishment Manual, 1989, which inter alia provide that when recruitment is made to a post in any Department of the Railways, the selection Board should comprise of at least three persons two of whom shall be from the Department in which the post is. It also provides that the question paper must be set by one of the members of the Selection Board and the answer books should invariably be valued by a member of the Selection Board who is also an officer of the Department for which the selection is held.