IN THE HIGH COURT OF KARNATAKA AT BANAGALORE
WRIT PETITION NO. 2017
BETWEEN
ABC
S/o XYZ
Aged 36 years,
R/a.
Andhra Pradesh … PETITIONER
AND
- Union of India
Ministry of Railways
, New Delhi 110001
- Chairman,
The Railway Recruitment Board,
18 Millers Road,
Bangalore 560 046
- Senior Personnel Officer (M)
Head Quarters Office,
Personal Department,
Hubli 580 020
- Chief Personnel Officer
South Western Railway,
Head Quarters office
Hubli 580 020 … Respondents
MEM0RANDUM OF WRIT PETITION UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA
- The petitioner has completed his degree in Bachelor of Science with Mathematics, Physics and Chemistry as optional subjects and he has also completed his P.G.Diploma in Health Care–Physician’s Assistant, Osmania University and came out passed in First Division with Distinction. Copies of the Degree Certificate and the P.G.Diploma certificate are herewith produced and marked as Annexure A & B.
- It is submitted that `P.G.Diploma in Health Care –Physician’s Assistant` course is equivalent to the course in `Diploma in Health Inspector`. The certificate dated 30/03/2009 issued by the Osmania University, Hyderabad to that effect is herewith produced and marked as Annexure C .
- It is submitted that the second respondent issued employment notice dated 13/03/2010 for various posts including for the post of Health and Malaria Inspector,Gr.III in Pay Band-2, Rs.9,300-34,800 with grade pay Rs.4,200/-. Copy of the said employment notice is herewith produced and marked as Annexure D.
- It is submitted that the educational qualifications/requirement for being selected for the post of Health & Malaria Inspector, Gr.III is that the candidate must be possessing degree in
“B.SC. Chemistry plus (a)1 year Diploma in Health/Sanitary Inspector or (b) 1 year National Trade Certificate (NTC) in Health/Sanitary Inspector awarded by National council for vocational training, Ministry of Labor and Employment Govt. of India, New Delhi.”
And further the candidate must be within the age limit of 18-33.
- e) It is submitted that the petitioner being interested and eligible appl+-++ied for the post of Health and Malaria Inspector, Gr.III as per the notification and thereafter as fixed by the respondents appeared for a written examination held on 12/02/2012.
- It is submitted that on 06/07/2012 the second respondent announced results of the written examinations and announced the names of qualified candidates which included the petitioner herein and further directed them to appear before the second respondent on 13/08/2012 for document verification process. That, accordingly the petitioner appeared before the second respondent- RRB, Bangalore and got his documents verified with the concerned official/s including the document at Annexure A4. Copy of the provisionally qualified list is herewith produced and marked as Annexure E.
- It is submitted that thereafter on 13/11/2012 the second respondent announced the provisional list and along with other candidates recommended the name of the petitioner to the fourth respondent - South western Railways for further course/appointment of the petitioner. Copy of the recommendation is herewith produced and marked as Annexure F.
- It is submitted that the third respondent based on the recommendation made by second respondent issued offer of appointment dated 19/12/2012 in favour of petitioner and further directed me to appear for document verification and Medical examination before the third respondent at Hubli on or before 18/01/2013. Copy of the same is produced as Annexure G
- It is submitted that petitioner’s documents came to be verified on 9th and 10th January 2013 by the third respondent and upon verification it was orally informed to the petitioner that the next course will be intimated to the petitioner within a short period of time (within a week or two).
- It is submitted that thereafter the petitioner has neither received the appointment order nor any communication from any of the respondents until the impugned order cancelling the offer of appointment dated 19/12/2012 issued in favour of the petitioner herein.
- It is submitted that all the while the petitioner has been corresponding with the respondents regarding the status of his appointment and also the criteria adopted in respect of other candidates in whose favour the appointment orders have been issued by the respondents pursuant to the employment notice at Annexure A. Copy of the representation is produced as Annexure H.
- It is submitted that on behalf of petitioner one Mr. PQR made applications under the Right to Information Act seeking to know why appointment orders have not been issued in his favour and also what criteria been adopted by the respondents in issuing the appointment orders in respect of other candidates. Copies of the application/s made under RTI and the replies received are collectively herewith produced as Annexure J.
- It is submitted that, respondents have given appointment orders based on diploma certificates issued by All India Institute of Local Self Government which institute is not even recognized by UGC and but, however petitioner has been deprived of his legitimate expectancy and equality of opportunity as envisaged under Article 16 of the Constitution of India. Document obtained under RTI is herewith produced and marked as Annexure K.
- It is submitted that the criteria adopted by the respondents in issuing appointment orders in respect of other candidates are baffling to say the least. The basic requirement of they having acquired/fulfilled the qualifications as mandated in column no 19 for the post of Health & Malaria Inspector, GR.III has been given a go by while issuing appointment orders in their favour by the respondents. That, further one of the candidate K.QPR was not even eligible as on the date of the employment notice as required under General instructions 1.01 since, he had not even obtained his Diploma Degree as on the date of the employment notice the, same having bene obtained by him only in the year 2011. Documents obtained under RTI are herewith produced and marked as Annexure L.
- It is submitted that, in the meanwhile the petitioner was communicated with the impugned order stating the offer of appointment Letter dated 19/12/2012 is cancelled on the ground of this petitioner not having the requisite educational qualifications. Copy of the impugned order is herewith produced and marked as Annexure M.
- It is submitted that the respondents vide latest office order No.00/P-HQ/29/2014 dated 15.07.2014 have appointed one Mr.CED Kumar for the post of Health & Malaria Inspector by taking into consideration the equivalent certificate taking equivalency to Diploma in Sanitary Inspector. Copy of the said order dated 15.07.2014 is produced herewith as Annexure N.
- The third respondent has cancelled the offer of appointment on a wrong and illogical notion of petitioner not having the required educational qualifications as required under provisions of Para 163 of Indian Railway Establishment Manual Volume -1 reprint edition 2009 which is dehorse the employment notice dated 13/03/2010; the documents/certificates produced at Annexure A,B and C are good enough for petitioner to fall within the provisions Para 163 of Indian Railway Establishment Manual Volume -1 reprint edition 2009
- Hence, in the above circumstances the petitioner being aggrieved by the order at Annexure M approached the Hon’ble Central administrative Tribunal (CAT) in OA No.00/2014 seeking appropriate relief/s thereat including a prayer to quash Annexure M; that, the CAT vide its order dated 19/01/2016 was pleased to reject the same. Petitioner thereafter filed RA No.00/2016 against the order dated 19/01/2016 but, however the same also being rejected is, before this Hon’ble court challenging the said orders. Copies of the order passed in OA No.00/2014 and RA 00/2016 impugned herein are herewith produced and marked as Annexure P & Q
- Petitioner has not filed any other writ or appeal against the impugned order/s and that, there is no other alternate remedy against the impugned orders except filing the present petition on the following amongst other grounds
G R O U N D S
- The impugned order at Annexure P and Q are on the face of it are passed without proper consideration and appreciation of material facts and records placed on the file of the Central Administrative Tribunal. The same being illegal cannot be sustained in the eyes of Law.
- That, the petitioner has been deprived of his legitimate expectancy and equality of opportunity as envisaged under Article 16 of the Constitution of India
- The impugned order rejecting the candidature of the petitioner is passed after one year from the date of verification of the original educational documents the, verification having been done on 9th and 10th of January 2013.
- The third respondent has cancelled the offer of appointment on an ill founded and illogical reasoning of petitioner not possessing the educational qualifications in accordance with provisions of para 163 of Indian Railway Establishment Manual Volume-1. The said action of the third respondent is on the face of it illegal, arbitrary and writ large of malafides to say the least. Hence, the order passed by the Tribunal by not considering the said aspect of the matter needs to be set aside consequently setting aside Annexure M (Impugned before the CAT) by this Hon’ble court.
- It is submitted that, petitioner had produced Annexure D being the equivalent certificate issued by Osmania University, Hyderabad and the said university finds place in the list of universities maintained by UGC. As, such the petitioner though being very well qualified for the post of Health & Malaria Inspector has been wrongly deprived of his legitimate position of being selected to the post of Health & Malaria Inspector.
- The passing of the Impugned order as per Annexure P and Q in confirming the action of the respondent has serious ramifications on the nature, dignity and career of the petitioner for no fault of his; more so when the petitioner has got all the educational requirements as prescribed under employment notice 13/03/2010 for him to be eligible for the post Health & Malaria Inspector.
- The petitioner successfully passed out the written examinations and also got all his documents verified at the hands of the third respondent; that during none of the above process was the petitioner informed about there being any deficiency in his educational qualifications for him to be not eligible under the employment notice.
- That, by the passing of the impugned order the petitioner has been deprived of his legitimate expectancy and equality of opportunity as envisaged under Article 16 of the Constitution of India. But, on the other hand respondents have issued appointment orders to several candidates based on the diploma certificates issued by All India Institute of Local Self Government an institute not even recognized by UGC.
- The impugned order does not stand the test of doctrine of ‘Fair and reasonableness’ which has to be followed by the Union in passing any orders in as much as the basis for the same being reliance on provisions of para 163 of Indian Railway Establishment Manual Volume-1. A bare reading of the said para 163 makes it amply clear that the petitioner has all the required educational qualifications for being issued with the appointment order.
P R A Y E R
- Set aside the order/s passed by the Central Administrative Tribunal in OA No.00/2014 dated 19/01/2016 and in RA 00/2016 dated 16/08/2016
- Allow the Original Application No.00/2014 in terms of the prayer made thereat.
- For an order or direction in the nature of mandamus directing the respondents to forthwith issue appointment order to the petitioner as Health & Malaria Inspector,GR.III .
- For an order or direction in the nature of mandamus directing the respondents to treat the appointment of the petitioner for the post of Health & Malaria Inspector, GR.III. from the month of January 2013 and release all the monetary benefits he would have been otherwise entitled to but, for the illegality committed by the respondents in wrongly depriving the petitioner of his posting as Health & Malaria Inspaector, GR.III.
- Grant such other relief/s as this Hon’ble Tribunal deems fit in the facts and circumstances of this case
INTERIM PRAYER
Pending disposal of the above application, the petitioner most respectfully prays that this Hon’ble Tribunal may be pleased to pass an interim order of stay, staying the operation of the impugned order dated 17/01/2014 and bearing No. SWR/P.00/VIII/H&MI/Mes/Vol.II. (Annexure-A1) passed by the 3rd respondent and consequently direct the respondents to keep aside/reserve one post of Health & Malaria Inspector,GR.III pending disposal of this application in the interest of justice and equity
Bangalore Advocate for the Petitioner
Date: 27/04/2017
ADDRESS FOR SERVICE
Advocate
No.00/8/2012
Bangalore 560 02
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
WRIT PETITION NO /2017
BETWEEN
ABC Petitioner
AND:
Union of India and others Respondent
VERIFYING AFFIDAVIT
I, ABC S/o XYZ, aged about 36 years, R/a, Official Colony Venkampeta, Parvathpuram (HO), Dist; Viziangaram- 535522, today at Bangalore do hereby state on oath as follows
- I, state that I am the petitioner in the above case and I am well conversant with the facts of the case. I am competent to swear to the contents of this Affidavit.
- I, state that the contents in para 1 to …… of the accompanying petition are true and correct to the best of my knowledge and information.
- I, state that the documents at Annexures A to N are true copies of the originals.
- I, state that, Annexure P and Q are the Certified copy of the original
- I, state that what is stated above is true and correct.
Place: Bangalore
Date: 27/04/2017 DEPONENT
Identified by me
Advocate
No. of correction
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION No. /2014 (Sel)
BETWEEN
ABC Petitioner
AND:
Union of India and others Respondents
INDEX
S.No Description Page Nos
- Memorandum of Application
- Verifying Affidavit
- Annexure A1 Copy of the Impugned Order dated
17/01/2014 passed by the 3rd respondent
- Annexure A2 Copy of the certificate in Degree of Science dated
04/07/2003 issued by Andhra University
- Annexure A3 Copy of the P.G.Diploma in Health Care-
Physician’s Assistant certificate dated 27/03/2008
issued by Andhra University
- Annexure A4 Copy of the equivalence Letter/Certificate dated
30/03/2009 issued by Osmania University
- Annexure A5 Copy of the employment notice date 13/03/2010.
- Annexure A6. Provisonally qualified list
- Annexure A7. Copy of the recommendation to the 4th
- Annexure A8. Copy of offer of appointment issued in favour of the petitioner.
- Annexure A9. Representation made by the petitioner
- Annexure A10. RTI Application and replies received
- Annexure A11. Documents in respect of one K.QPR
- Vakalath
Bangalore
19/02/2013 Advocate for Petitioner
IN THE HIGH COURT OF KARNATAKA AT BANAGALORE
BETWEEN
ABC Petitioner
AND:
Union of India and others Respondents
SYNOPSIS
The petitioner is challenging the communication/Order dated 17/01/2014 issued by the second respondent .
Dates and Events
- 13/03/2010 Employement notice came to be issued by the 2nd respondent
- 12/02/2012 Examination were conducted for the apaliacnt and other candidates at Bangalore
- 06/07/2012 : Examinations results announced
- 13/08/2013: Verification of documents by second respondent
- 13/11/2013 : Provisional selection list announced and recommended to third respondent for further action.
- 19/12/2012. Offer of appointment issued in favour of the petitioner
- 9th &10th/01/2013. Documents of petitioner verified.
- 17/01/2014 : offer of appointment cancelled stating petitioner is not qualified as per Provisions of Para 163 of Indian Railway Establishment Manual Volume -1.
Place: Bangalore Advocate for the Petitioner
Date: 15/04/2012
IN THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION NO.348 of 2014 (SEL)
BETWEEN
ABC … PETITIONER
AND
Union of India & others … RESPONDENTS
REJOINDER BY THE PETITIONER TO THE REPLY STATEMENT FILED BY RESPONDENTS No.1 TO 4
The petitioner above named respectfully submits as under:
- That the above application is filed by the petitioner, challenging the impugned order bearing No.SWR/P.00/VIII/H&M1/Mes/Vol.II dated 17.01.2014 passed by the third respondent herein. It is submitted that the petitioner reiterates the averments made in the application and further in response to the reply statement made by the respondents No.1 to 4 files the following rejoinder.
- It is submitted that the statements made at para 11 of the reply statement to the effect that that respondent No.2 himself should have rejected the candidature of the petitioner herein, hence said recommendation was made inadvertently by respondent No.2 is on the face of it incorrect and baseless. It is submitted that document verification of the petitioner was done on 13.08.2012 by respondent No.2 and the petitioner produced originals of B.Sc Chemistry, PG Diploma in Health Care – Physician Assistant, which is equivalent to Diploma in Health Inspector. An equivalent certificate issued and certified by Osmania University was also produced by the petitioner on the said date. The respondent No.2 after being satisfied with the documents produced and after holding the petitioner eligible for the Health Inspector recommended the name of the petitioner for the post of Health Inspector. As such the statement of the respondents that, petitioner was recommended inadvertently is false.
- The statement made at para 15 about one K.QPR has obtained the necessary Diploma Certificate from NTC, Government of Andhra Pradesh, in the year 2011 and as such was eligible for the said post of Health Inspector is on the face of it an incorrect and false statement; point No.1.01 of the notification clearly states that as on the date of applying for the said post, the candidate should have all the required qualification in order to apply for the said post of Health Inspector.
- It is submitted that the respondents at para 19 of the reply statement have submitted that it is not binding on the respondents to consider equivalent certificate though the PG Diploma in Health Care-Physician Assistant offered by Osmania University is equivalent to the Diploma in Health Inspector. It is submitted that the respondents vide latest office order No.SCR/P-/00/2014 dated 15.07.2014 have appointed one Mr.CED for the post of Health & Malaria Inspector by taking into consideration the equivalent certificate taking equivalency to Diploma in Sanitary Inspector. Copy of the said order dated 15.07.2014 is produced herewith as Annexure A13.
- It is submitted that the respondents at para 19 of the reply statement have specifically stated that “when the required qualification has been mentioned in the notification, the question of considering the equivalent qualification does not arise.” Now in the back ground of the said statement, the respondents cannot be permitted to blow hot and cold when candidates who were not possessing Diploma in Sanitary Inspector have been appointed by the very same respondents. In fact, the respondents who having issued similar/same notification as has been in the case of the petitioner herein have gone forward and issued appointment orders to those of the candidates who are similarly placed like the petitioner herein; but however have chosen to cancel and continue to oppose the appointment of the petitioner. The document evidencing the said fact is herewith produced and marked as Annexure A14. Further similar illegalities in giving appointments to G.DEC and COD are already produced as Annexure A10; the said National NTC is not recognized by the National Council for Vocational Training, Ministry of Labour and employement, Govt. of India, New Delhi which is one of the requirement of the employment notification.
- It is submitted that the respondents at para 22 of the objections have stated about the All India Institute of Local Self Government, being an institute recognized by the Govt. of Maharashtra and further the courses offered by it has been recognized by the Union of India. That, the respondents have neither provided the details of the same nor have produced any documents in support of the same except making the said vague statement. That, the petitioner is now producing the responses issued by Ministry of Health and Family welfare and Ministry of Railways (Railway Board) to evidence the fact of recognition to said institute being under consideration only as Annexure A15
Date:27/04/2017 Advocate for the Petitioner
Bangalore
BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL,
ADDITIONAL BENCH, AT BANGALORE
ORIGINAL APPLICATION No. /2014( Sel)
BETWEEN
ABC Petitioner
AND:
Union of India and others Respondent
VERIFYING AFFIDAVIT
I, ABC S/o XYZ, aged about 36 years, R/a, Official Colony Venkampeta, Parvathpuram (HO), Dist; Viziangaram- 535522, Andhra Pradesh, do hereby state on oath as follows
- I, state that I am the petitioner in the above case and I am well conversant with the facts of the case. I am competent to swear to the contents of this Affidavit.
- I, state that the contents in para 1 to 6 of the accompanying Rejoinder petition are true and correct to the best of my knowledge and information.
- I, state that the documents at Annexures A13 to A15 are true copies of the originals.
- I, state that what is stated above is true and correct.
Place: Bangalore
Date: 12/11/2014 DEPONENT
Identified by me
Advocate
No. of corrections
