ARUN KUMAR UPADHAYAY Vs. UNION OF INDIA

JUDGEMENT

(1.) Since common question of law is being raised in the instant bunch of petitions, hence are considered to be decided with consent of the parties by the present order.

(2.) The present writ petitions are directed against orders of Central Administrative Tribunal ("Tribunal") where the basic question raised for consideration was as to what will be the mode of selection to be followed by respondent Railways while making appointment against 25% vacancies reserved to be filled by Limited Departmental Competitive Examination ("LDCE").

(3.) At the very outset it was brought to the notice of this Court that earlier one Shivraj Singh Solanki & Vishnu Kumar Gautam filed their respective original applications in the year 2004 before the tribunal being aggrieved by result of their participation in the selection held for the post of Junior Engineer Grade-II against 25% LDCE quota & their objection was that in terms of relevant guidelines laid down by respondent Railways under their Railway Establishment Rules the posts in respective cadres are to be filled by 75% by promotion and 25% was reserved to be filled amongst in-service candidates by adopting mode of selection LDCE. Both the applicants were aggrieved by the decision of respondent Railway in making final selection of the candidates who qualified in LDCE held for the post of Junior Engineer Grade-II while the final panel was drawn on the basis of seniority in the feeder grade/cadre & subject matter of challenge before the Tribunal was that such of the applicants who had appeared against 25% LDCE quota the panel ought to have been prepared on the basis of marks which they originally secured in the examination on the basis of merit & seniority in the feeder cadre cannot be made a basis for preparation of final panel.