Diploma in Railway Engineering (IPWE) Must Be Considered for Marks in Internal Promotional Selections.

The applicant, a Tech. Grade II employee at Mancheswar Workshop, applied for promotion to the post of Junior Engineer (W/S) against the 25% Intermediate Apprentice (Mechanical) quota

After qualifying the written test, the applicant discovered that the selection committee had not awarded him marks for his "Diploma in Railway Engineering" obtained from the Institution of Permanent Way Engineers (IPWE)

Consequently, Respondent No. 5, who scored lower in the written test but higher in record of service marks, was empanelled over the applicant

The respondents argued that the diploma was not recognized for recruitment as it was a one-year correspondence course and did not meet the three-year regular diploma criteria established in RBE No. 138/2015 and RBE No. 165/2011

The applicant challenged the provisional panel published on 17/08/2017

1. Whether the selection committee erred in law by failing to award marks for the 'Diploma in Railway Engineering' granted by the IPWE during an internal departmental promotion process

2. Whether RBE No. 138/2015 and RBE No. 165/2011, which pertain to open market recruitment, are applicable to internal selections for in-service candidates

RBE No. 240/1999 specifically mandates that the 'Diploma in Railway Engineering' awarded by the IPWE (India) must be taken into account for awarding marks under academic/technical qualifications for the promotion of railway employees to selection posts

RBE No. 138/2015 and RBE No. 165/2011 prescribe educational standards (such as three-year diplomas and regular modes of study) specifically for "Open Market Recruitment" and initial "employment" rather than internal departmental selections

The Court reasoned that the eligibility of the applicant was not in dispute, as he had already been allowed to sit for and pass the written examination

The Tribunal found that the respondents' reliance on RBE No. 138/2015 and RBE No. 165/2011 was misplaced because those circulars govern entry-level recruitment from the open market, not the promotion of existing staff

Since the respondents failed to produce any evidence that RBE No. 240/1999 (which explicitly recognizes the IPWE Diploma for promotion incentives) had been superseded or modified, the selection committee's refusal to award marks for said diploma was deemed illegal

The Tribunal noted that the applicant had secured 59 marks while the successful Respondent No. 5 secured 59.5; thus, the inclusion of marks for the diploma would have decisively altered the merit list in the applicant's favor

The Tribunal allowed the Original Application, quashing the exclusion of the applicant's credentials, and directed the respondents to re-evaluate the applicant's case by awarding marks for the diploma and to grant him promotion effective from the date Respondent No. 5 was promoted; no costs were awarded