- (1.) In these special leave petitions, the judgment and order dated 10-4-2000 passed by the Division Bench of Madras High Court in Writ Petition Nos. 16766-16772 of 1999, 17167, 17878, 18834 and 20598 of 1999 and 4064 of 2000 are under challenge. S.L.P. No. 14656 of 2000 is filed by the applicants in O.A. No. 93/99 before the Central Administrative Tribunal, Chennai Bench who were the respondents in the writ petition before the High Court. S.L.P. No. 2377 of 2001 is filed by the petitioners in W.P. No. 16766 of 2000 in the writ petition before the High Court.
(2.) In short, the facts and events leading to filing of these special leave petitions are :- The Railway Board issued Employment Notification No. 1 of 1995 dated 7-9-1995 inviting applications for 330 posts of Khalasis (Group-D) reserving 19% of posts for Scheduled Castes, 1% for Scheduled Tribes and 27% for OBCs besides 3% for physically handicapped and 20% for ex-servicemen. In response to the notification, 58,675 applications were received, out of them 32,563 candidates were found eligible and called for interview. The Railway Board by its letter dated 17-5-1996 communicated its decision to prepare a panel for 917 vacancies on the ground of increase of vacancies from 330 to 917. The selection of candidates was to be made on viva voce test only. The candidates were interviewed from July, 1996 to February, 1997 by different Committees. The composition of the Committees was challenged in O.A. No. 28/1997 before the Central Administrative Tribunal, Chennai Bench. The Tribunal by its order dated 17-9-1997 struck down the Railway Board's instructions on the basis of which Committees were constituted for interview. Thereafter the Railway Board issued fresh instructions on 29-4-1998 for constituting Committees as per Para 179 of the Indian Railway Establishment Manual (I.R.E.M.). The second round of interviews were conducted afresh from 26-6-1998 to 28-9-1998 for 75 days by different Committees. Out of 32,563 candidates, only 25,271 candidates appeared for the interview. Another O.A. No. 543/1998 was filed seeking direction that the course completed apprentices should be given preference but the same was dismissed on 17-9-1998. Ultimately merit list was published on 22-12-1998 and a panel of 917 selected candidates was published in the newspapers on 30-1-1999. The candidates selected were informed about their selection.
(3.) O.A. No. 93 of 1999, O.A. No. 103 of 1999, O.A. No. 153 of 1999, O.A. No. 202 of 1999, O.A. No. 260 of 1999 and O.A. No. 294 of 1999 were filed before the Tribunal challenging the selection of the candidates. O.A. No. 367 of 1999 was filed by a selected candidate seeking direction to complete the process and to issue appointment. The respondents resisted these O.As. on the grounds that O.As. filed in the nature of PIL were not maintainable; the applicants could not be said to be aggrieved persons without showing whether they were members of the association and whether they applied for the said posts; all the material allegations contrary to their stand made in the O.As. were denied; that the Railway Administration did not give any particular direction or instruction in the matter of selection and that no mala fide practice was followed. It was also pleaded that there was no violation of settled procedure and guidelines; the selection was made on the basis of performance of the candidates in the viva voce; further there was no arbitrariness in the selection of candidates and that the procedure followed in the earlier selection made in 1989-90 was followed in the present selection as well.;