R.M.Sahai, J. - (1.) In this petition, directed against the order, dated 3rd of April, 1978, passed by the Divisional Superintendent (P), North-Eastern Railway, Lucknow, directing modification of the panel prepared by the selection committee as a result of written test and interview held in 1975, the short question that arises for consideration is if the power has been exercised as contemplated under paragraph 216 (j) of the Railway Establishment Manual.
(2.) The petitioners were class IV employees. By a notice dated 31-3-1975, the Divisional Superintendent, North-Eastern Railway, Lucknow invited applications from intending class IV employees working in both operating and commercial sides of the Division who desired to be considered for promotion from class IV to class III services. In pursuance of this notice, the petitioners and others applied, and a written test as well as an interview was held on 19-10-1975 and 17-12-1975 respectively. As a result of this examination, the petitioners and others were declared successful, and a provisional panel was prepared which was approved by the Divisional Superintendent. It is claimed by the petitioners that after the list was approved, the petitioners were promoted, and some of them were confirmed even. For instance in paras 4 to 7 of the writ petition it has been mentioned that all the petitioners were given appointment letters between 2-1-1976 and 7-1-1976, and some of the petitioners were granted next promotion, and Ram Bholey and Raj Narain were confirmed in the higher grade on 28-5-1977. It is not known what happened thereafter but the impugned order dated 3-4-1978 was communicated to the petitioners. It mentions that out of 38 candidates who were put on the panel, 16 candidates, namely the petitioners, had failed to secure the minimum prescribed qualifying marks in the written test in the aforesaid selection, therefore their names are directed to be deleted from the panel. In between this order (i. e., 3-4-1978) and the dates on which all the petitioners were given appointments, another selection was held, and a fresh panel was prepared in 1977. As the petitioners had already been selected and put on panel in 1975 they did not apply, nor were they called upon to appear before the selection committee.
(3.) The question, therefore, that arises is, whether the competent authority which passed the impugned order in 1978 could exercise its power after the panel in 1977 was drawn and some of the petitioners had even been confirmed. Paragraph 216 (J) of the Railway Establishment Manual reads as under:- "After the competent authority has accepted the recommendations of the Selection Board, the names of the candidates selected will be notified to the candidates. A panel once approved should normally not be cancelled or amended. If after formation and announcement of the panel with the approval of the competent authority, it is found subsequently that there were procedural irregularities or other defects and it is considered necessary to cancel or amend such a panel this should be done after obtaining the approval of the authority next higher than the one that approved the panel.";