- (1.) The petitioner seeks quashing of the order dated 7 August 2009 passed by the Central Administrative Tribunal, Allahabad 1 Bench, Allahabad by which the Original Application No. 774 of 2009 filed by the petitioner for quashing of the order dated 8 May 2008 passed by the respondents has been dismissed. The petitioner had also sought the quashing of the order dated 9 December 2009 by which the Review Petition filed by the petitioner was rejected by the Tribunal.
(2.) The Railway Recruitment Board Bhopal had issued a notice in 1996 for providing a Vocational Course. The selected candidates were required to undergo two years job-linked Vocational Course. The petitioner was selected and thereafter the petitioner was directed to take admission in CBSE Class-XI and Class-XII, so that after passing he could be provided employment. The petitioner appeared at the CBSE Class-XII Examination in 1 the Tribunal 1999 and failed. He again appeared at the CBSE Class-XII Examination in 2000 but did not succeed. The petitioner did not appear at the said Examination in 2002 and only when he appeared in the 2003 main Examination, he could succeed. The petitioner was, however, not provided employment as a result of which he initially filed Original Application No. 166 of 2006 before the Tribunal, which was disposed of on 2 January 2008 with a direction to the Competent Authority to decide the representation filed by the petitioner. The representation filed by the petitioner was ultimately rejected by order dated 8 May 2008. The said order is reproduced as below:- It is submitted that initially you had attempted 1st time in VCRC Main Examination in the year 1999, wherein you have been declared failed as per mark-sheet dated 29.05.1999, but not appeared in immediate compartment examinations of year 1999. Again you appeared in the main examination of year 2000, but failed as per mark-sheet dated 26.05.2000, submitted by yourself. Thereafter, you have not appeared in the compartment examination of the said year or Main or Compartment exams, of year 2001 2002. Finally you had appeared and passed the examination in the year 2003 with requisite marks of 46.8% marks in aggregate as well as getting more than 55% marks in the Railway working.
(3.) This order dated 8 May 2008 was assailed by the petitioner before the Tribunal in Original Application No. 774 of 2009. This Application was rejected in view of the Circulars issued by the Railway Board for the reason that the petitioner could not clear the CBSE Class-XII Examination within the period stipulated in the Circulars.;