- (1.) BY the judgment dated 05.03.2013, the Central Administrative Tribunal, Jodhpur Bench, Jodhpur dismissed four Original Applications preferred by the petitioners to challenge the order dated 13.12.2011, passed by the Senior Divisional Personnel Officer, North Western Railway, Jodhpur Division, Jodhpur cancelling the written test conducted for selection to the posts of Goods Guard and also the notification dated 14.12.2011, initiating fresh process of selection for appointment to the posts aforesaid.
(2.) THE factual matrix necessary to be noticed is that the Senior Divisional Personnel Officer, North Western Railway, Jodhpur Division, Jodhpur by a notification dated 01.09.2010 invited applications from the eligible candidates to fill up 29 posts of Goods Guard in the pay scale of Rs. 4500 -7000. The posts advertised were relating to the quota meant for in -service candidates working in different categories. The petitioners in pursuance to the advertisement aforesaid submitted applications and faced the written test conducted by the respondents. The result of the written test was declared on 13.04.2011. By another order dated 13.12.2011, the result of the written test was cancelled assigning the reason of having grave irregularities in the test concerned. A notification dated 14.12.2011 then was issued for initiating fresh process of selection. While giving challenge to the order dated 13.12.2011 and the notification dated 14.12.2011 by way of filing four different Original Applications before the Central Administrative Tribunal, Jodhpur Bench, Jodhpur, the petitioners contended that the cancellation of the examination is arbitrary and as such, in violation of the Articles 14 and 16 of the Constitution of India. It was asserted by the petitioners that no just reason was available with the respondents to cancel the entire process of selection. The respondents contested the Original Application with submission that the written examination including the process of evaluation was suffering from severe irregularities, therefore, the same was cancelled. Before cancellation of the examination, an enquiry was conducted by a competent vigilance team and that noticed gross irregularities in respect of the process of selection at large level. The report of the vigilance was also produced before the Tribunal for perusal.
(3.) LEARNED Tribunal after considering the arguments advanced and also the vigilance report made available by the counsel for the respondents arrived at the conclusion that the sanctity of the examination was totally eroded due to commission of large scale irregularities. The Tribunal, thus, dismissed the Original Applications and directed the respondents to conduct written test for 29 vacancies determined earlier and further for the vacancies came into being subsequently.;