SUMAN KUMAR SHAH Vs. UNION OF INDIA
LAWS(CAL)-2011-9-31
HIGH COURT OF CALCUTTA
Decided on September 14,2011

SUMAN KUMAR SHAH Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (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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