R.LAKSHMI PRABHA Vs. THE GENERAL MANAGER

JUDGEMENT

(1.) This Writ Petition has been filed, seeking to quash the impugned order of the respondent dated 31.07.2013 passed in Letter No.3465/CMRL/HR/2013, by which the Petitioner was asked to produce a proof for not acquiring BE/B.Tech Degree as on 23.07.2013, as the Recruitment Committee has decided that the candidates, who had not passed/not been awarded BE/B.Tech Degree as on date of selection, i.e. 23.07.2013 may be considered for selection. The Petitioner also sought for a direction to the respondent to appoint her to the Post of Train Operator / Station Controller/ Junior Engineer (Station). Facts in brief:

(2.) The petitioner, pursuant to the Employment Notice dated 01.02.2013, had applied to the post of Train Operation, Station Controller, Junior Engineer (Station) and in the online test conducted on 31.03.2013, she was found successful and a certificate verification was done on 05.07.2013. Thereafter, by the order impugned herein, a direction was issued to the petitioner to furnish a proof regarding non-obtaining of B.E. BE/B.Tech Degree as on 23.07.2013. It is the case of the Petitioner that though she had cleared B.E. On 21.06.2013, the certificate to that effect was issued only on 24.07.2013 and at the time of application, she was not in possession of B.E.Degree, but had passed only Diploma in Electronics and Communication Engineering alone. It is the further case of the petitioner that she had not suppressed any information with regard to acquiring of B.E. Qualification and therefore, her candidature has to be considered for appointment.

(3.) The contention of the respondent is that vide Clause No.13(a), there was a general instruction given to the candidates, who opted to apply for the post of Station Controller/Train Operator/Junior Engineer (Stations) that "Candidates with B.E./B.Tech or any other higher qualifications are not eligible for the above mentioned posts. Candidates with such higher qualification should keep in their mind that their candidature will summarily be cancelled at any time of recruitment or even after appointment in CMRL, if they are found to have suppressed the information of having possessed B.E./B.Tech at the time of filling up the vacancy. "? and therefore, Clause No.2 of the Employment Notice has to be read together with Clause No.13(a) stated supra. The further contention of the respondent is that the candidature of the Petitioner was rejected not on the ground of suppression of fact, but on the ground of over qualification and therefore, the Petitioner is not entitled to any relief sought for.