THE UNION OF INDIA THROUGH THE GENERAL MANAGER, HEAD QUARTERS, NORTH WESTERN RAILWAY, JAWAHAR CIRCLE, JAIPUR RAJASTHAN Vs. GAJENDRA HUDA S/O DHARAM RAM HUDA R/O MAHADEV FLOOR MILLS, SAVAN NAGAR, AJMER ROAD, DISTRICT JODHPUR, RAJASTHAN

JUDGEMENT

(1.) The North Western Railway Recruitment Cell under a notification dated nil initiated a process of selection for recruitment to different posts in Group-D category in the pay band-1 of Rs.5,200-20,200.00 with grade pay of Rs.18,000.00. The last date for submitting applications to face the process of selection was 15.02.201 The respondent-original applicant on considering himself eligible to be considered for appointment in the category aforesaid submitted an application form. By a letter dated 22.03.2011 he pointed out that being suffered with sprain in his hand, the declaration in the application was filled-in the hand writing of his brother, hence looking to this unavoidable circumstance the requirement of condition No. 8.2 and 8.11 that pertains to make declaration in the hand writing of the aspirant himself be dispensed with. No response to the letter aforesaid was given and the applicant was called for to face the process of selection. Result of the same was declared on 12.10.2012 and the petitioner was declared successful. Despite qualifying the examination, no offer for appointment in 'D' category service was extended. The applicant, thus, by a representation demanded reasons for not according him appointment, but of no consequence. Ultimately, he demanded the same through an application as per the provisions of the Right to Information Act, 2005. As per the provisions of the Act of 2005, necessary information was supplied to the original applicant by the Assistant Personnel Officer (Recruitment North Western Railway, Jaipur) on 307.2013. As per the information supplied, candidature of the applicant was rejected being in violation of Para 8.11 of the prescribed conditions. It was clarified that as per the para aforesaid, the application was required to be filled-in by the candidate in his own hand writing.

(2.) Aggrieved by the decision of the appellant-respondent the respondent-original applicant preferred an original application before the Central Administrative Tribunal, Jodhpur Bench, Jodhpur, that came to be allowed. Under the order dated 04.04.2016. The Tribunal while accepting the original application held that the approach of Recruiting Agency was absolutely unwarranted and unreasonable, specially looking to the fact that the applicant himself informed to the competent authority about his impediment in filling up the application form in his own hand writing.

(3.) Being aggrieved by the order passed by the Central Administrative Tribunal this petition for writ is before us.