KAILASH CHAND AND OTHERS Vs. CENTRAL ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) Since both these writ petitions arise out of one and same order dated 12.05.2014 passed by the Central Administrative Tribunal, Jaipur Bench, Jaipur (for short 'the Tribunal'), therefore, they were heard together and are being decided by this common order.

(2.) Both the writ petitions, one by 10 petitioners (Writ Petition No. 7840/2014) and another by Union of India (Writ Petition No. 11407/2014) have been filed challenging order dated 105.2014 passed by the Tribunal whereby Original Application No. 195/2010 filed by private respondent-applicant Jagdish Prasad Jatav has been disposed of with certain directions.

(3.) Facts of the case in brief are that the Railways vide notification dated 18.02008 notified 11 vancancies for promotion under 33- 1/3% Ranker's quota from Group 'D' post to Group 'C' post and selection was conducted. Respondent namely Jagdish Prasad Jatav as also petitioners in Writ Petition No. 7840/2014 appeared in the selection test wherein Jagdish Prasad Jatav failed but the petitioners were selected and their names found place in the panel dated 01.02.2010. Jagdish Prasad Jatav challenged panel dated 01.02.2010 by filing original application before the Tribunal contending that notification dated 18.02008 was for nonmatriculate candidates only whereas the respondents-Railways have allowed matriculate employees and Others, who were not having three years requisite experience to appear in the selection test. The respondent-Railways as also the petitioners in Writ Petition 7840/2014 filed their reply contending that the qualification of non-matriculate is only a minimum qualification and not the earmarked eligibility. The rules and provisions of the IREM do not provide that only non-matriculate employees will be promoted against 33-1/3% Ranker's quota. As per the notification, the eligibility condition was that an employee has to be literate and having knowledge of Hindi and English along with practical experience. However, this condition in no way impose any bar on those employees, who had higher education to appear in the selection test and therefore it was wrong to say that notification was meant only for non-matriculate employees. The Tribunal after hearing the parties vide it's order dated 12.05.2004 allowed the Original Application and set aside panel dated 01.02.2010 and directed the Railways to hold a fresh selection on the basis of revised eligibility prepared under 33-1/3% meant for nonmatriculate employees. Hence, these writ petitions.