Ajay Rastogi, J. - (1.) INSTANT petition is directed against order of the ld. Central Administrative Tribunal dt. 09.07.2014.
(2.) BRIEF facts of the case which emerge from the record are that the petitioner belongs to OBC Category and the North -Western Railway issued employment notice No. 2/2010 dt. 16.12.2010 for recruitment against Group 'D' post in various categories. In pursuance of employment notice, the petitioner applied for the Group 'D' post and he was declared successful in the written examination held on 06.05.2012 and thereafter called upon to appear in Physical Efficiency Test (PET) and thereafter for verification of documents on 06.05.2012, 15.10.2012 & 23.01.2013 and finally qualified for appointment for the post in Group 'D' but the appointment was not offered to him and at the same time, he was never informed regarding shortcoming, if any and when he personally met the concerned authority to know for his appointment which has been withheld by the respondent -authorities, at that stage, it came to his notice that there is some shortcoming in his OMR Sheet and for this reason his appointment has been cancelled but it was never informed to him in writing about the nature of shortcoming. Indisputably, the candidates in OBC Category who have secured less marks than the petitioner have been offered appointment and at this stage when no other option was left with him, he approached the ld. Tribunal by filing of the Original Application. In response to his Original Application, reply was filed by the respondents and it is averred that after the petitioner was called for written examination held on 06.05.2012, he was declared successful and was called for physical examination on 15.10.2012 and after he qualified in the Physical Efficiency Test (PET), he was called by the Railway Recruitment Cell for verification of documents & attendance sheet and at this stage it was revealed that he has not signed the OMR Sheet in the requisite columns in Hindi or in English and as per the guidelines of the advertisement Cl. 8.11(xvi), in particular, wherein it was categorically mentioned that due to any other deemed irregularity, if revealed at a later stage, the application form of the incumbent be declared invalid and since the petitioner has not signed the OMR Sheet in the requisite columns, as prescribed, his candidature was rejected and the same has been communicated to him vide letter dt. 25.07.2013.
(3.) IT is further averred by the respondents that as per the directions in Column -15 of the call letter for written examination, it is clearly mentioned that the call letter is only a permission to appear in the written examination and it does not in any way indicate that the Railway Recruitment Cell has been otherwise satisfied with the application form, details and documents of the candidate or entitle the candidate to any appointment whatsoever on the Railways. The Column -8.11 (Invalid applications) of the conditions of advertisement, relevant for the present purpose, is reproduced ad infra: - "8.11 INVALID APPLICATIONS: The applications having, any of the following deficiencies, discrepancies or irregularities will be summarily rejected: - (i) Applications not submitted in prescribed format as given in this employment notice. (ii) Incomplete or illegible applications, or applications not filled with black ink/black ball point pen, or applications with overwriting, cutting or erasing marks. (iii) Unsigned/undated applications/applications without clear and un -smudged thumb impressions and/or without Marks of Identification. (iv) Without photograph or affixing/attaching Xerox copy of Photograph. (v) Without Bank Draft/Postal Orders/Pay Orders of requisite value and validity. (vi) Applications not filled in English or Hindi or not filled by candidate in his own hand writing. (vii) Applications without para written in candidate's own handwriting. (viii) Without proper certificates, in respect of SC/ST/OBC and/or Physically Handicapped. (ix) Under aged/Over aged candidates. (x) Not having the requisite Educational Qualification at the time of submitting application. (xi) Applications received after 17.00 hrs. on closing date by any means/modes. (xii) Photo copies of the certificates not attested by (xiii) More than one application in one Name or sent in one envelope. (xiv) Issue the notification date and after expire date the notification date received application form not applicable. (xv) Postal Orders/Bank drafts issued before the date of issue of Employment Notice (i.e. 16.12.2010) or with less than six months validity. (xvi) Any other deemed irregularity.";