RAJENDRA KUMAR JINDAL Vs. UNION OF INDIA

JUDGEMENT

(1.) IN short compass the facts of the case are that the petitioner's father was a railway servant, who expired. The appellant applied for training as apprentice for the trade of Electrician. From 24.11.1991 to 22.11.1994, the petitioner underwent the said training at Loco Workshop at Ajmer. After, successfully completing the training, the petitioner was allowed to appear in the 63rd All INdia Apprentice Examination held from 08.11.1995 to 15.11.1995.

(2.) THE petitioner appeared in all the papers, namely, Engineering Drawing, W/S Cal. & Sc. Social Studies and also in the practical. Vide letter dated 08.02.1996, the petitioner was informed that as he had failed in social studies, he was required to re-appear in the said examination which was going to be held in April 1996. THErefore, he applied for the permission to re-appear in the said examination. But the respondent neither reacted to his application, nor permitted him to re-appear in the examination. From 1996 till 2001, he continuously approached the respondents for permitting him to re-appear in the social studies examination. Despite the fact that the petitioner was running from pillar to post, the respondent No.2 kept silent till 2004. Again, vide letter dated 31.08.2004, the petitioner was informed to apply for re-appearing in the social studies examination in the up-coming All India Trade Test. Consequently, he again applied. Although, the respondent No.2 again sat quietly over the petitioner's application, the Dy. Director vide letter dated 09.09.2004 requested respondent No.2 to sympathetically consider the petitioner's application. Similarly, the Dy. Director vide letter dated 14.09.2004 also recommended the petitioner's case and directed the Senior Divisional (Personnel) Officer of the North Western Railway, Ajmer to forward the complete record of the petitioner to the Directorate.

(3.) A valid inference can be drawn from the letter dated 02.02.2005 that the petitioner had, in fact, passed in the social studies paper in the year 1996 itself. Thus, the only question before this Court is whether the petitioner should be permitted to re-appear in the practical and in the engineer drawing paper in the next All India Apprentice Examination or not. The right to re-appear in the examination under the rules is a substantive right.