JUDGEMENT
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(1.) Metro Railway advertised for the post of Rajbhasa Assistant Grade-II. The
post required Master Degree in Hindi with English as a main subject at
Degree Level or Master Degree in English with Hindi as a main subject at
Degree Level or Master Degree in any subject with Hindi and English as main
subjects at Degree Level or Bachelor Degree with Hindi and English as main
subjects at Degree Level. If we consider the four alternatives we would find
that the post would require Hindi and English as main subject at the
Graduation Level whereas the petitioner before us was having English and
Hindi (Communication Skill) at the Degree Level with honors in Geography.
He was also having post graduate qualification in Geography. He applied for
the post. He participated in the selection process. He was declared
successful. However, he was not given appointment as the authority doubted
his eligibility as to qualification. The Deputy Registrar General, Punjab
University, Chandigarh, where he studied, clarified to the following extent :-
"It is to inform you that the candidates joining Bachelor of Arts (B.A.)
Course were required to offer the subjects of English (Communication Skill)
and Hindi/Punjabi (Communication Skill) as Main Compulsory Subjects
carrying 100 marks each along with other three elective subjects carrying
200 marks each in all the three years of the said course.
The candidates were classified into division on the basis of marks obtained
in the Main Compulsory subjects and elective subjects."
(2.) Metro Railway, however, was not satisfied with such clarification. The matter
was referred to the Railway Board. The Railway Board, ultimately, cancelled
the appointment holding that he did not have the prescribed qualification as
per the Employment Notice.
(3.) Being aggrieved, the petitioner approached the Tribunal. The Tribunal
observed that the case was considered by a body of expert being the Railway
Recruitment Board. They ultimately came into conclusion that the applicant
did not meet the requisite qualification as per the Employment Notice. The
Tribunal could not sit on appeal over the views of the body of expert. The
Tribunal dismissed the application. Hence, this petition before us.;
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