RADHIKA NACHIKET CHAVATHE Vs. UNION OF INDIA

JUDGEMENT

(1.) The unsuccessful original applicant in Original Application No. 210/255 of 2020, on the file of the Central Administrative Tribunal, Mumbai Bench, Mumbai (hereinafter "the Tribunal", for short), is the petitioner before us. She challenges judgment and order dated January 29, 2021 of the Tribunal refusing to grant relief as prayed in the original application and in the process dismissing the same. The prayers in the original application were as follows: -

(2.) The dispute arises out of a selection process undertaken by the respondents/Central Railway for promotion to 70% of the vacancies in the post of Assistant Personnel Officer from amongst officers of the Personnel Department in the feeder posts. It is not in dispute that the selection process comprises of a written test followed by medical examination, followed further by a viva-voce. Only those officers who succeed in the written test as well as the medical examination are called for viva-voce. It is further not in dispute that the petitioner succeeded in the written test as well as the medical examination, and was thereafter called upon to attend the viva- voce. Incidentally, in respect of the unreserved quota, the petitioner emerged as the only candidate who qualified in the written test. As per the petitioner's estimation, she had acquitted herself creditably in the viva-voce too. However, while the petitioner was expecting an order of promotion to the post of Assistant Personnel Officer, she was surprised to learn that by a letter dated February 20, 2020, the competent authority had decided to cancel the written test since it was not conducted exactly as per the guidelines of the Railway Board contained in a letter dated March 19, 2019.

(3.) Aggrieved by cancellation of the written test, communicated vide letter dated February 20, 2020, the petitioner had submitted a representation which stood rejected by a further letter dated March 19, 2020.