SAUGATA BHATTACHARYYA,J. - (1.) An order dated February 20, 2019 passed by the Central Administrative Tribunal, Kolkata Bench, Kolkata (hereinafter the tribunal) is under challenge in the present writ petition (W.P.C.T No. 34/2019) whereby the original application (O.A- 350/00724/2014) of the writ petitioner before the tribunal was dismissed.
(2.) Railway Recruitment Cell, Eastern Railway, being the respondent nos. 2 and 3 in the writ petition, issued employment notice No-0110 dated December 14, 2010 inviting applications in the prescribed format from the eligible candidates for appointment on the posts specified in the said employment notice. The said employment notice dated December 14, 2010 also specifically stipulated February 25, 2011 as the last date for submitting applications by the eligible candidates. Clause 8.8 of the said employment notice reads infra. "8.8 It may pleased be noted that-- a) Caste certificate from competent authority for SC/ST and OBC candidates in the prescribed format have to be produced as given in annexure - I and II respectively. b) If the candidates wish to be considered against a specific community quota and fill the community column accordingly, their application will be rejected unless proof of community in the prescribed format is enclosed. c) Any subsequent representation for change of community status will not be entertained under any circumstances."
(3.) On perusal of annexure - II appended to the said employment notice it appears that a specific format was prescribed by the Railway Recruitment Cell for submitting certificate and declaration by the other backward classes (hereinafter OBC) candidates. The format of certification under annexure - II requires declaration by the concerned candidate that he/she belongs to OBC as well as he/she does not belong to the persons/sections (Creamy Layer) mentioned in column 3 of the Schedule of the Government of India, Department of Personnel and Training O.M. No. 36012/22/93 Estt. (SCT) dated 08.09.1993.;