BALIA, J. - (1.) ALL these petitions arise from the common order passed by the Central Administrative Tribunal dated 27. 1. 2006 in three Original Applications No. 253, 259 and 260/2005. Since the basic issue raised in all these Original Applications was common relating to exercise of power by the Railway Administration in canceling the qualifying/selection tests for appointment to the posts of Station Superintendent in the pay scale of Rs. 7450-11500, Station Masters in the pay scale of Rs. 6500-10500 and to the posts of Passenger Guards in the pay scale of Rs. 5000-8000 held on different dates between 12. 3. 2005 to 1. 5. 2005 for different posts, details of which we shall notice shortly, though such details are not of significant relevance for the controversy raised in these petitions. After the examinations were held and all concerned had participated in the examination, the result for the post of Station Superintendents, and for the post of Station Master were declared on 18. 5. 2005 and for the posts of Passenger Guards was declared on 21. 6. 2005.
(2.) AFTER the results were declared in the first instance, some individual representations were made raising objections to the format of question papers set for the examination so held for the posts of Station Superintendents and Station Masters on 30. 5. 2005. The first of such representation by four individuals dated 30. 5. 2005 was submitted for cancelling the examination of Station Superintendents and Station Masters on 30. 5. 2005. The first of such representation by four individuals dated 30. 5. 2005 was submitted for cancelling the examination of Station Superintendents grade Rs. 7450-11500 stating that the question paper for examination was not made bilingual as required by the letter of the Railway Board dated 8. 7. 1992. The question No. 3 was not clear because the examinees were required to translate and it was not clear in which language; that no question was set in regard to the official language whereas in every written test, at least one question relating to the official language was required to be set and significantly about consequent inquiry it was alleged that in the selection the juniors candidates have been declared passed in preference to the senior candidates. Similarly, another representation was submitted by ten individual candidates, pointing out similar defects in the written test for the examination held for Station Master Grade Rs 6500-10500 and sought cancellation of the examination held on 18. 5. 2002. The employees stated that there was no question set for official language; that the question paper was not bilingual; that it was only in Hindi and that junior persons have been declared passed and seniors have been declared failed. Other allegations were made that there were many defects in the current selection process. But none was pointed out. It was emphasized that the applicants are senior employees and they are loyal to the railway, therefore, the representation should be accepted. Until then no compliant or grievance was raised by the Union nor any grievance was raised about question paper pertaining to selection of Passenger Guards. It was only after result of examination held for Passenger Guards was declared, on 25. 6. 2005, a representation was submitted by Babu Singh, Secretary of the Western Railway Employees Union to the Divisional Railway Manager, North Western Railway, Jodhpur stating that about 15 senior Goods Guards have represented that in the examinations held on 15. 5. 2002 and 21. 5. 2002 for selecting Passenger Train Guards, the question paper did not have questions on any official language; some of the candidates were using mobile phones and some of them were using books for answering the questions; that the syllabus was not declared in advance and that the Senior Goods Train Guards were failed. Passing reference was made to two persons who were promoted without taking tests and that the result of the written test for selecting Senior Passenger Guards was sought to be cancelled. A letter was also received from Deputy Director, Raj Bhasha, Railway Board dated 23. 6. 2005 stating that in the written test held for Station Superintendent Grade 7450-11500 and Station Master Grade 6500-10500 the question paper was only in Hindi language and not bilingual and no question was set about official language whereas 10% marks should have been allotted to the questions relating to official language, the comments on the aforesaid aspect of the written test were sought. No request for cancelling the test for that reason was made. Thereafter, a similar complaint was also lodged by Western Railway Employees Union through its Secretary vide letter dated 25. 6. 2006 about the written test held for Station Superintendent and Station Master. It was stated in this letter for the first time that in the question papers, the directions issued by the Railway Board on 7. 8. 2003 was not adhered to by providing objective type of questions. Apart from the aforesaid ground of lack of fulfillment of objective type question, it was repeated that the question paper was not bilingual but was set only in Hindi and that no question was set, carrying 10% of total marks relating to `raj Bhasha'. It was stated that some of the candidates had mobile phones with them and books were being used by them. It was also alleged that senior employees who have followed discipline were declared failed. On these allegations, the cancellation of examination was sought.
(3.) A representation was also received from candidates, who have passed the examination, apprehending that the candidates who have failed are trying to get the result cancelled, to counter above representation. Ultimately by two separate orders dated 23. 8. 2005, all the three examinations were cancelled. The order cancelling examination for Station Superintendents as Station Masters reads as under:- Eamy jsy izcu/kd dk;kzy;] mrrj if'pe jsyo] tks/kiqj i= la 757 @bz,p@lvs- v/khu- eklvj@p;u@2005@123 fnukad 23-8-2005 lelr LVs'ku eklvj@v/kh{kd] mrrj if'pe jsyos] tks/kiqj Eamy fo"k; % LVs'ku v/kh{kd osrueku 7450&11500 vkj,lvkjih o LVs'ku eklvj osrueku 6500-10500 vkj-,l-vkj-ih- ds in ds fy, p;ua bl dk;kzy; ds lel[a;d i= fnukad 4-3-2005 fnukad 17-3-05 }kjk LVs'ku v/kh{kd osrueku 7450&11500 o LVs'ku eklvj osrueku 6500&10500 ds in dh fyf[kr ijh{kk fnukad 7-5-05] 12-3-05] 30-4-05 dks gqbz iwjd ijh{kk ds iz'u i=ksa esa jsyos cksmz ds i= la- bz ,u-th- 1-2000 ih-,e-1@41 fnukad 7-8-2003 rfkk i= la- fgunh 87a vks-,y--1 A10a 3 fnukad 3-11-2003 rfkk i= la- fgunh 3-11-1988 esas fufgr okfnr vko';drkvksa dh iwfrz u djus ds dkj. k mdr fyf[kr ijh{kkvksa l{ke vf/kdkjh ds vuqeksnu ls fujlr fd;k tkrk gsa ,l-Mh- v'kksd dqekj 'kekz l dk v d`rs ofj"b Eamy dkfezd vf/kdkjh m-i-js-] tks/kiqj** ;