SUMAN KUMAR SHAH Vs. UNION OF INDIA

JUDGEMENT

(1.) Metro Railway advertised for the post of Rajbhasa Assistant Grade-II. The post required Master Degree in Hindi with English as a main subject at Degree Level or Master Degree in English with Hindi as a main subject at Degree Level or Master Degree in any subject with Hindi and English as main subjects at Degree Level or Bachelor Degree with Hindi and English as main subjects at Degree Level. If we consider the four alternatives we would find that the post would require Hindi and English as main subject at the Graduation Level whereas the petitioner before us was having English and Hindi (Communication Skill) at the Degree Level with honors in Geography. He was also having post graduate qualification in Geography. He applied for the post. He participated in the selection process. He was declared successful. However, he was not given appointment as the authority doubted his eligibility as to qualification. The Deputy Registrar General, Punjab University, Chandigarh, where he studied, clarified to the following extent :-

(2.) Metro Railway, however, was not satisfied with such clarification. The matter was referred to the Railway Board. The Railway Board, ultimately, cancelled the appointment holding that he did not have the prescribed qualification as per the Employment Notice.

(3.) Being aggrieved, the petitioner approached the Tribunal. The Tribunal observed that the case was considered by a body of expert being the Railway Recruitment Board. They ultimately came into conclusion that the applicant did not meet the requisite qualification as per the Employment Notice. The Tribunal could not sit on appeal over the views of the body of expert. The Tribunal dismissed the application. Hence, this petition before us.