- (1.) INSTANT petition is directed against order of the Central Administrative Tribunal Dt. 7.2.2005.
(2.) BRIEF facts of the case relevant for examining the controversy raised in the instant petition are that pursuant to notification Dt. 29.11.1999, D.R.M. (E) Ajmer vide letter Dt. 3.12.1999, notified 27 vacancies of Assistant Engineers (AENs) Group -B Civil Engineering Department to be filled on the basis of Limited Departmental Competitive Examination (LDCE). Out of 27 vacancies notified, 4 were reserved for SC, 2 for ST and 21 for general category. Under the Scheme of Rules, 30% of vacancies for promotion to Group -B post to be filled on the basis of LDCE.
(3.) IN response to notification Dt. 29.11.1999, the petitioner who was working in Group C category submitted his application and selection was to be made on the basis of written examination followed with viva voce test. The petitioner was declared qualified in written test held on 4.3.2000. The selected candidates were called for viva voce. On the basis of their performance of written examination and viva voce and also on the basis of record of service, a panel was prepared, however, name of the petitioner was not included in the panel Dt. 18.7.2000. At this stage, the petitioner submitted his representation and also sent reminders and his grievance was that his name appears to have not included in the panel probably on the ground that sufficient SC quota has been achieved, but, at the same time, since no ST candidate has been placed in the panel and in terms of Railway Board's letter Dt. 10.6.1977, exchange in the same year is permissible and it was requested that his case may be considered against vacancy reserved for ST in exchange between SC and ST vacancies in terms of para 9 of the Railway Board Circular Dt. 21.8.1997.;