Full Judgment Text
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PETITIONER:
V. CHARULATHA & ORS.
Vs.
RESPONDENT:
S. GUNALAN, CHAIRMAN, RAILWAY RECRUITMENT BOARD, MADRAS, &
DATE OF JUDGMENT04/04/1995
BENCH:
SAHAI, R.M. (J)
BENCH:
SAHAI, R.M. (J)
MAJMUDAR S.B. (J)
CITATION:
JT 1995 (3) 557 1995 SCALE (2)614
ACT:
HEADNOTE:
JUDGMENT:
ORDER
R.M. SAHAI, J.
1. These applications have arisen in extremely unfortunate
circumstance. The anxiety of this Court to avoid taking any
drastic action appears to have not been property appreciated
and even though two years have elapsed since the learned Ad-
ditional Solicitor General assured the Court that the orders
passed by the High Court and this Court shall be compiled
with latest by March, 1995 and persuaded the Court to frame
a time schedule, but are sorry to say that except gaining
time and putting excuses nothing has been done leaving no
option to this Court except to pass this order.
2. A little background is necessary to appreciate the
unpleasant observation made by us. In 1987 the Railway
Recruitment Board, Madras, advertised nearly 500 posts in
the non-technical categories like Commercial Clerks, Ticket
Collectors, Train Clerks, etc. in the Indian Railways.
Written examinations were held on 15th November, 1987 in
3997 centres as large number of candidates had applied
pursuant to the employment notice. On the next day a news
item was published in one of the newspapers expressing
concern about the possible leakage of the question papers,
but nothing happened and the results were published on 7th
September, 1988. Interviews were held on 10th October,
1988. Since some of the candidates who had secured very
high marks in the written examination secured very poor
marks in the interview, the authorities decided to hold a
second written examination. Letters were issued in April,
1989. On the very next day, some of the aggrieved can-
didates, who had appeared in the examination and had been
called for interview approached the Central Administrative
Tribunal and some others approached the High Court. On 13th
June, 1989 the Central Administrative Tribunal held that the
Railway Recruitment Board was entitled to conduct the second
written examination in respect of those candidates who had
been declared eligible for interview. It further held that
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the marks obtained in the first written examination as well
as in the second written examination should be totalled and
the average be obtained and it should be considered to be
the final marks for purposes of selection. Other batch of
petitions was heard by the High Court. The appellants
claimed that after constitution of Tribunal, the High Court
had no jurisdiction. It was negatived. The appeals filed
before the Division Bench were also dismissed. Against this
order the Railways approached this Court and obtained leave
(C.A. Nos. 32-70/91). Since no interim order was granted by
this Court, the learned Single Judge of the Madras High
559
Court heard writ petitions and quashed the order passed by
the authorities on 15th April, 1989 for holding second
examination. He further directed that the list of
successful candidates may be published on or before 31st
March, 1991. This judgment was affirmed by the Division
Bench on 15th April, 1991. Against this judgment the
Railways approached this Court and leave was granted on 3rd
June, 1991 and it was directed that these appeals may be
connected with the earlier Civil Appeals which were directed
against the order passed by the High Court repelling the
claim of the appellants that the High Court had no
jurisdiction to decide the petitions. Both the sets of
appeals were listed on various dates in 1991 but they could
not be decided.
3. Therefore, on 18th September, 1992 this Court directed
the appellants to appoint the selected candidates according
to their merits in the existing vacancies within a period of
two weeks from the date the order was passed. But nothing
substantial was done with the result that contempt ap-
plications were filed. These applications and the appeals
came to be disposed of on 30th April, 1993. The order is
extracted below:
"The learned Additional Solicitor General
appearing on behalf of the appellant
(Chairman, Railway Recruitment Board, Madras)
and for the respondents (alleged contemner in
the contempt petitions) states that the
appellant has selected the candidates and sent
a list containing 775 selected candidates as
per the original requisition pursuant to the
order of this Court to three authorities,
namely, (1) Chief Personnel Officer, Southern
Railway, Madras (2) Financial Advisor and
Chief Accounts Officer, Southern Railway, Ma-
dras, (3) Chief Personnel Officer, Integral
Coach, Parambur, Madras. He further states
that as on present date the appellant has
nothing to do with the appointments of the
selected candidates and it is for the
appointing authorities to appoint and fill up
the vacancies as notified from the list of the
selected candidates according to their merit.
Since this matter is pending for quite a long
time since the institution of the proceedings
before the High Court, we hope and trust that
the appointing authorities to whom a separate
selected list of candidates is stated to have
been sent, would take appropriate and
expeditious steps in appointing the
candidates, if necessary, by relaxing their
age limit by taking into consideration their
age on the date of submission of the
applications. The interim order passed on
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18.9.92 is modified to this extent.
As the learned Solicitor General has stated
that the appellant has nothing to do with the
appointments and the selected list has already
been forwarded, under these circumstances the
appeals have practically become infructuous
and hence the appeals are dismissed. I.As. in
the appeals consequently stand dismissed.
The Office is directed to send a copy of the
order to above mentioned appointing
authorities.
As we have now dismissed the appeals, no
action is called for in the contempt
petitions. Accordingly, these contempt
petitions are disposed of."
Thus it was after a lapse of nearly two years since the
order was passed that it was brought to the notice of this
Court that the appellant had nothing to do with appointments
and it was the responsibility of the appointing authority.
Therefore, on 27th September, 1993 this Court di-
560
rected notice to be issued to the Chief Personnel Officer,
Southern Railway, Madras, Financial Advisor and Chief
Accounts Officer, Southern Railway, Madras, and the Chief
Personnel Officer, Integral Coach, Parambur, Madras. It was
only after the notices were issued to these officers that a
counter- affidavit was filed by the Deputy Chief Personnel
Officer, Southern Railway, Madras. After hearing parties,
this Court passed an order on 8th December, 1993 which is
extracted below:-
"Learned Additional Solicitor Gen. appearing
on behalf of respondents, i.e., appointing
authorities assure before us that all the
candidates selected in pursuance of notice No.
1/87 dated 15th of April, 1987 amounting to a
number of 775 vacancies will be appointed
according to the merit list already prepared
and that some of these candidates will be
absorbed under first phase by 10th March,
1994. Out of them 100 are going to the posts
of artisans and the remaining shall be ab-
sorbed in the posts, namely, Commercial
Clerks, Ticket Collectors, Train Clerks in the
Indian Railways on or before the end of March,
1995. Regarding these other artisans posts
amounting to 100 will be filled up by the
selected candidates only if the candidates are
willing to accept that post otherwise they
will be appointed only in the posts for which
the selection was made. The respondents have
given also an undertaking that till all the
selected candidates arc appointed no selection
will be made in the normal course and no other
new appointments will be made except the
appointments on the compassionate grounds.
These selections as assured should be made
without fail. All the candidates should be
given the age relaxation till their
appointments are complete. List this matter
on 11th of March, 1994".
When these applications came up for hearing, it was stated
on behalf of the appellants that 197 letters of appointment
had been issued. On 1st September, 1994 this Court directed
the Railways to explain as to why the Order passed by this
Court has not been complied with. The additional affidavit
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was filed on 15th September, 1994. It was stated that 105
unreserved, 70 Scheduled Casts and 4 Scheduled Tribes were
offered appointment in Non-Technical Popular Category in
Southern Railway and Integral Coach Factory. 70 unreserved,
26 Scheduled Casts and 4 Scheduled Tribes were offered to
express willingness for the post Skilled-Artisan in Southern
Railway on 8th March, 1994. Out of this, 46 gave their
consent. It is further stated that since there were large
number of candidates it became necessary to locate vacancies
in the Indian Railways and a reference was made to Railway
Board accordingly. It agreed to employ them in Central
Railway. Therefore, 40 unreserved, 12 scheduled castes and
2 scheduled tribes candidates who did not express their
willingness for acceptance of Skilled Artisan post as stated
earlier were offered to express their willingness to join
the Central Railway as Ticket Collectors. Over and above
these 54 candidates, 53 unreserved, 40 scheduled castes and
18 scheduled tribes candidates were also offered to express
their willingness to join the Central Railway. Out of these
17 scheduled castes and 4 scheduled tribes and 41 unreserved
candidates expressed their willingness. The affidavit
stated that after ascertaining the number of candidates who
actually joined the Central Railway the shortfall was
proposed to be made good by appointing the willing
candidates in order of merit. The affidavit stated that
even after all this and excluding those candidates who ex-
561
pressed their unwillingness to join Central Railway
approximately 319 candidates remained who were proposed to
be offered appointment before March 1995. It was,
therefore, prayed that extension of one year may be granted
to comply with the order.
4. From a chart filed by the learned Additional Solicitor
General on the last day of hearing, 27th March 1995, it
appears 147 candidates have been appointed in non-technical
categories in Southern Railways and Integral Coach Factory,
Madras, and 38 have been appointed as Skilled Artisans in
Southern Railways. Reason for non-compliance of the order,
as stated in the affidavit of the Chief Personnel Officer
filed in November 1993, is two fold; one, that number of
posts had been abolished due to introduction of computers
and closing down of various works units. Second reason
explained in the affidavit and which has been vehemently
pressed by the learned Additional Solicitor General is that
by the time the writ petitions were decided by the High
Court and the order that no fresh examinations could be held
became final, it became 1992 and by that time the
appellants/Railway Recruitment Board had received two panels
of 1989 and 1990 consisting of 998 candidates on 8th August,
1990 and 28th March, 1991 respectively. According to the
learned Additional Solicitor General, the availability of
the vacancies thus totally changed and by the time the
disputed panels were received by the Southern Railway on
23rd September, 1992 the number of vacancies got so reduced
that it became impossible to appoint the selected
candidates. The affidavit further states that for this
change in situation the Railways cannot be blamed. Conse-
quently, the learned Additional Solicitor General urged that
there was no way out except to appoint these persons as and
when vacancies arise. He also stated that so long as all
the candidates are not absorbed, no further selection shall
be held. He produced a Chart showing that out of 775
candidates, 106 expressed unwillingness to accept the offer
of appointment made and 66 should be deemed to be unwilling
to accept the offer of appointment in NTPC category in
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Southern Railway or the post of Skilled-Artisan in Southern
Railway followed by the post of NTPC category in Central
Railway in spite of repeated offers. The Chart further
indicates that offer is being made to 111 willing candidates
for the post of NTPC category in Central Railway and in
1995-96 it is estimated to offer appointment for the left
over numbering 304 in NTPC category in Western Railway,
numbering about 70 in Southern Railway, numbering about 50
in South Eastern Railway and the balance in different
Railways suitably.
5. From what has been narrated above, it is more than
apparent that the problem is the creation of the Railways
themselves. Consequently difficulties have arisen. But
they cannot be permitted to remain unsolved for such a long
time that the purpose of selection and its benefit stand
frustrated. Eight years have elapsed since advertisement
was issued. Even the result was declared in 1988. The
explanation in the affidavit for not implementing the order
passed by this Court is not satisfactory. The authorities
have not honoured their own commitments to appoint the can-
didates by March, 1995. It is not disputed that 775
candidates were selected in 1987. Decision to hold fresh
examination was taken in 1989. Immediately the candidates
approached the Tribunal and the High Court. The Railways
562
were, therefore, aware that disputes in respect of these
vacancies were pending adjudication before courts. They
could not, therefore, hold a fresh selection subsequently
for these posts either in 1989 or in 1990. The statement in
the affidavit of the Chief Personnel Officer that two panels
were received in 1989 and 1990 is indeed surprising. These
panels could have been only in respect of vacancies which
could have accrued after 1987. It was nowhere stated either
in the advertisement issued in 1989 or 1990 nor it was
stated before the High Court that vacancies for which se-
lection was held in 1987 were again put up for advertisement
in 1989 or 1990. It is thus not understandable how these
vacancies which existed in 1987 vanished in 1989, 1990 and
1992. The learned Single Judge had quashed the order for
holding second examination as far back as 1991. In absence
of any stay order obtained from any court, the Railways were
not entitled to take upon themselves a decision not to
appoint these persons or to act in such a manner as to
deprive the candidates selected in 1987 from being
appointed. Even the claim of abolition of posts or a reduc-
tion in number appears to have been made with little
responsibility. It was not stated before the High Court
when petition was decided in 1991. Nor it was stated in
Special leave Petition. The abolition of posts according to
affidavit of the Chief Personnel Officer took place between
1987 to 1993-94. Yet till the petitions were decided, no
such difficulty was raised. In any case, even if this be so
then how selections were held in 1989-90. We are further
not satisfied by the explanation of the appellants that the
candidates who were selected for Southern Railway having
been offered appointment in other Railways and they having
expressed unwillingness to join the post, they have no claim
to be appointed. The entire exercise of the appellants was
wholly contrary to fairplay. It may not be out of place to
mention that it was brought to our notice that some of the
selected candidates due to delay and the attitude of the
Railways were so frustrated that they committed suicide.
6. We accordingly direct the appellants-the Railways to
appoint all the remaining candidates within a period of
twelve weeks from today. The letters of appointment shall
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be issued for appointment in Southern Zone. Letters shall
be issued even to those candidates who did not agree to go
outside as we are informed that they are now willing to join
even other zones. But so far as female candidates are
concerned they shall be offered appointment only in Southern
Zone. Those who have joined outside the zone shall have no
claim for Southern Zone by virtue of this order. In case
there are no vacancies, the Railways may take appropriate
steps to get the vacancies created within the same time. It
is made clear that no further time shall be granted and in
case the appointments are not made of all the candidates
within twelve weeks, it shall be taken as violation of the
order passed by this Court and the persons responsible shall
be proceeded against. We are not very happy to pass this
order. But the Railways have not left any option in view of
the order passed in September, 1992 and then the order
passed in December, 1993 on the assurances given by the
learned Additional Solicitor General that all the selected
candidates shall be accommodated in a phased manner by
March, 1995. These appointments shall not be subject to
question in any further proceedings.
7. The I.As. are disposed of accordingly.
565