- (1.) The petitioner while working on the post of Diesel/Electric Cleaner in the North Central Railway appeared in a written examination held by the Railways for appointment on the post of Diesel/Electric Driver in the grade of Rs. 3050-4500. He claims that he was successful in the written examination and was called for appearing in the physio test. Later on, by a communication dated 18 January 2006 the Railways cancelled the written examination held on 9 July 2005. The aforesaid communication was issued by the Divisional Personal Officer, North Central Railway, Allahabad in pursuance of the decision taken by the Railway Board. The decision of the Railway Board as well as the communication dated 18 January 2006 cancelling the selection was challenged by certain candidates by filing Original Application No.301 of 2007 and 386 of 2007 before the Central Administrative Tribunal, Allahabad1. The Tribunal allowed both the petitions and held that cancellation of the written examination held on 9 July 2005 in respect of all the candidates on the ground that certain ineligible candidate had been wrongly declared successful, could not be sustained, as the Railways could have segregated the eligible candidates from those who were found ineligible. The operative part of the order of the Tribunal dated 2 December 2010 is reproduced for convenience of the reference :- "20. In view of the above, the applications are allowed. While the impugned order relating to re-examination is not cancelled, impugned order cancelling the earlier examination held on 09.07.2005 is quashed and set aside. Respondents shall analyze the results of both the examinations held and prepare the final result and subject to other conditions for promotion being satisfied, they may consider such successful candidates for promotion to the post of Asst. Loco Pilots. This exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order."
(2.) The Railways challenged the order of the Tribunal by filing Writ-A No. 15088 of 2011. This Court concurred with the view of the Tribunal and dismissed the writ petition by a judgement dated 21 February 2014 observing as under :- "For the aforesaid reasons, we find no good ground to interfere with the order impugned. However, it is clarified that if any candidate is found ineligible for whatever reasons it may be, being overage on the relevant date or ineligible in accordance with the rules applicable on the relevant date as per the terms of selection of the year 2005 for promotion on the post of Assistant Loco Pilot then such a person will not be entitled of appointment only because of the order of the Tribunal or the order of this Court. On qualified eligible applicants may be given appointment."
(3.) The petitioner, who had not challenged the action of the Railways in cancelling the selection based on written examinations held on 9 July 2005, filed an application before the Tribunal seeking correction in the array of parties. He claimed that by inadvertence, his name was omitted from being mentioned in the cause title, though he had signed the Vakalatnama. The correction application was later on got withdrawn with liberty to take recourse to other legal remedies.;