A. K. Yog and B. B. Agarwal, JJ. - (1.) -Heard counsels representing the petitioner and the contesting-respondent Nos. 1 to 4.
(2.) RESPONDENT No. 5/Central Administrative Tribunal, Allahabad Bench, Allahabad through its Registrar, is a redundant non-contesting respondent. No notice need be given to said respondent. Considering the nature of the case, we proceed to decide this petition finally at the admission stage itself as contemplated under Chapter XXII, Rule 2 (1), II proviso of Rules of Court, 1952. The issue of jurisdiction (as primary issue) is to be adjudicated on the basis of undisputed facts on record. In brief, the facts are that Chief Security Commissioner, Railway Protection Force, Northern Railway, Gorakhpur, issued advertisement No. 1/2000 in newspaper, original paper clipping of 'Dainik Jagran' dated 30.8.2000 placed before us for perusal. This advertisement shows that there are 25 posts of Inspector/ Abhiyojan-Grade II. It provided that application should be sent to Chief Security Commissioner/ Railway Protection Force, Northern Railway Board, Baroda House, New Delhi or Chief Security Officer/ Railway Protection Force, Northern Railway, Gorakhpur. The advertisement further mentioned that candidate should indicate 'Railway Zone' in respect of which he submitted his application. It is nowhere mentioned that all the 25 posts shown in the Advertisement were with respect to Gorakhpur Zone only. These 25 posts under advertisement were spread over the country in different Railway zones. The respondent authorities did not proceed with 'selection' on the basis of the said advertisement. Later another advertisement No. RRB/CDG/EN-02/2002 dated 7.12.2002 was issued ; photo copy of it is Annexure-3 to the writ petition. Relevant extract of the aforesaid advertisement is reproduced below : "Railway Recruitment Board S.C.O. 78-79, Sector 8C, Madhya Marg, Chandigarh-160009 Employment Notice No. RRB/CDG/EN-02/2002 Date of Issue : 7.12.2002 Closing Date : 7.1.2003 Time : 17.30 hrs. Applications are invited for the post of Inspector (Prosecution) in Railway Protection Force (RPF) from eligible male citizens of India. IMPORTANT (i) Candidates who had applied earlier for this post in response to Employment Notice issued by the Chief Security Commissioners of the 9 (nine) Zonal Railways as mentioned below and whose applications have been found in order need not apply again. Intimation has already been sent through UPC post to the candidates whose earlier applications have been found in order during preliminary scrutiny and also to those whose earlier applications have been rejected. In case of any clarification they may contact this Recruitment Board on Phone No. 0172-544235 or in person on any working day. The candidates whose earlier applications have been rejected may now apply afresh against this Employment Notice, if they fulfil eligibility criteria. (ii) Please read the entire notification carefully before filling up the application form. Please note that the Written Examination, Physical Measurement test and Interview will be held at different places within the jurisdiction of Railway Recruitment Boards, Chandigarh, Kolkata, Chennai, Mumbai, Gorakhpur and Guwahati, but the application must be addressed to the Assistant Secretary, Railway Recruitment Board, Chandigarh, at the address given above. Cat. No. Name of post Age as on 1.1.2003 (in years) Period of Training Stipend (Rs.) Medical standard 19 Inspector (Prosecution) GR.II/RPF Pay-Scale Rs. 6500-10500 (RSRP) Upto 32 (For those who have applied earlier in response to the notifications issued by Zonal Railways, the age limit will be as per those earlier notifications). As per rules from time to time As per rules from time to time C-1 Provisional Vacancies UR SC ST OBC Total Minimum Qualification 13 03 02 07 25 (i) Bachelor degree in Law and (ii) 5 years standing as an Advocate. These vacancies are distributed over the following Nine Zonal Railways are : (i) Chief Security Commissioner/ RPF/Northern Railway, New Delhi. (ii) Chief Security Commissioner/ RPF / Western Railway, Mumbai. (iii) Chief Security Commissioner/ RPF/Central Railway, Mumbai. (iv) Chief Security Commissioner/ RPF/Eastern Railway, Kolkata. (v) Chief Security Commissioner/ RPF / Southern Railway, Chennai. (vi) Chief Security Commissioner/ RPF / Northern-Eastern Railway, Gorakhpur. (vii) Chief Security Commissioner/ RPF / North East Frontier Railway, Maligaon, Guwahati. (viii) Chief Security Commissioner/ RPF/South Eastern Railway, Kolkata. (ix) Chief Security Commissioner/ RPF/South Central Railway, Secunderabad. The candidate will have to indicate the option of the Zone for his initial appointment at the time of interview, if called. However the selected candidates are liable to be posted anywhere on Indian Railway. ............................................. ............................................. ............................................. 14. Examination Centres : The written examination (single stage) or Preliminary written exam (in case of two stage will be conducted within the geographical jurisdiction of the Railway Recruitment Board, Chandigarh, Kolkata, Chennai, Mumbai, Gorakhpur and Guwahati. Final written exam (in case of two stage exam) and interview will be conducted at Chandigarh, ...necessary that the candidates select one of these RRB's for the examination and indicate, it in application in the relevant column. 21. Last date for receipt of application : The last date for the receipt of application in the office of Railway Recruitment Board, Chandigarh is 17:30 hours on 7.1.2003. The last date for receipt of application from the candidates residing abroad, Andaman and Nicobar, Lakshawdweep Islands is 21.1.2003. Candidates hailing from J and K State may send their application forms complete in all respect so as to reach the office of the Director, Employment Exchange, J and K Government Jammu/Srinagar at least one week in advance from the closing date. The Director Employment Exchange J and K Government, Jammu/Srinagar, will in turn send the same office of the Railway Recruitment Board, Chandigarh on or before 21.1.2003. ............................................. ............................................. 26. For any legal action arising out of this employment notice, the jurisdiction shall be Chandigarh only. In the event of dispute, English ver?ion of Employment Notice will be treated as valid.
(3.) THE subsequent advertisement No. 02/2002 Annexure-3 to the writ petition, shows that candidates who had earlier applied in pursuance to the advertisement No. 1/2000 referred to above were asked not to apply afresh. Petitioner admits that he had appeared in written examination at Delhi ; result was declared at Chandigarh and interview took place at Chandigarh. For ready reference para 4 (i) to (iv) of the original application before the Tribunal read : (i) The facts giving rise to the present application are that the applicants applied against 25 posts of Inspector (Prosecution) Grade II Railway Protection Force advertisement vide category No. 19 of Employment Notice No. RRB/CDG/EN-02/2002 dated 7.12.2002 which was issued by the Railway Recruitment Board, Chandigarh. For the kind perusal of this Hon'ble Court a copy of the advertisement issued by the respondent No. 2 is being attached herewith and marked as Anenxure-2. (ii) That on 27.4.2003 and 28.4.2003 the applicant appeared in the written examination and physical measurement test held only at Delhi by the respondent No. For the kind perusal of this Hon'ble Court a copy of the Admit Card is being attached herewith and marked as Annexures-3 to 3BC. (iii) That on 19.6.2003 result/ revised vacancy was published, which states that as a result of review conducted by the respondent No. 2, the provisional vacancies for the post of Inspector Prosecution Gr. II (RPF) Advertised vide Cat. 19 of employment Notice dated 7.12.2002 has been revised to 77 vacancies and accordingly declared the result of written and physical measurement test in which the applicants were also declared qualified for interview on the prescribed date at Chandigarh by the respondent No. 2. A copy of the result of written and physical measurement test dated 19.6.2003 is being attached herewith and marked as Annexure-1. (iv) That thereafter the applicants appeared in the interview on the date fixed. But the applicant not appeared for interview on 23.7.2003 before prescribed date with the permission of respondent No. 2. The other examinations were held on the prescribed date and after conducting/ completing the interview the final result was declared on 22.8.2003 without applying rule of overlapping and same was prepared and issued as applying category by the candidates whereas prescribed rule is that if any reserved candidate obtained the higher marks in the merit list may be treated as general candidate on general merit list. A copy of the interview letters are being attached herewith and marked as Annexures-5 to 5B.;