- (1.) In this petition filed under Articles 226/227 of the Constitution of India, the petitioner has prayed for issuance of a writ in the nature of certiorari, thereby quashing the order dated February 18, 2002 (Annexure P-5) passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as 'the Tribunal') whereby Original Application No. 111-CH/1998 filed by Sukhdev Singh (respondent No. 5) under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'), was allowed.
(2.) The facts of this case lie in a narrow compass : The Railway Recruitment Board, Chandigarh (hereinafter referred to as 'the Board') advertised posts of Enquiry-cum-Reservation Clerks in the year 1990 through an advertisement. The petitioner being eligible, applied for the said post. She participated in the written test conducted by the Board. She was selected for the post. She joined as Enquiry-cum-Reservation Clerk, New Delhi, on October 01, 1991. Sukhdev Singh (respondent No. 5) was also selected for the post of Enquiry-cum-Reservation Clerk under handicap category and joined as such on March 31, 1992.
(3.) Before joining as Enquiry-cum-Reservation Clerk, the candidate had to pass T-12 Course from Zonal Training School, Chandausi in Uttar Pradesh. Only one chance is given to the candidate to pass the said test. However, if a candidate has got compartment in any subject, he is given four chances to clear the same within one year. The petitioner had passed the said Course held from April 29, 1991 to August 20, 1991, before joining as Enquiry-cum- Reservation Clerk, New Delhi on October 01, 1991. However, respondent No. 5 could not clear the Course held from July 14, 1992 to August 19, 1992 as he got compartment in one of the subjects i.e Commercial Theory Paper.;