THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.25255 of 2011 Dated:13.09.2011 Between: Union of India, Rep.by its General Manager, East Coast Railways, Bhubaneswar, And others. … Petition And Gaddaya Krishna, And another. ... Responde THE HON'BLE SRI JUSTICE V.V.S.RAO AND THE HON’BLE SRI JUSTICE K.G.SHANKAR WRIT PETITION No.25255 of 2011 ORDER: (Per Hon’ble Sri Justice V.V.S.Rao) The Senior Divisional Personnel Officer (SDPO), East Co Railways, conducted selection for filling up of vacancies of mer category of Junior Engineer I and II of both Mechanical (seven vacanc and Electrical Wing (five vacancies) of Diesel Loco Shed, Waltair. In suitability test conducted, the first respondent herein (hereafter called, applicant) was shown at serial No.5 against unreserved vacancy. In written examination he was successful. A panel of eligible staff promotion to Junior Engineer was issued on 29.04.2010. However, applicant’s inclusion was kept pending temporarily till the submission of Scheduled Tribe (ST) (Bentho Oriya) caste certificate. Being aggrieved the said proceedings, the applicant approached the Central Administra Tribunal seeking invalidation and consequential direction to the petition herein (hereafter called, the respondents) to promote him to the mer category of Junior Engineer I and II. The application was allowed by learned Tribunal on 25.03.2011, aggrieved by which, the respondents before this Court. The Standing Counsel for Railways, Ms.Pushpinder Kaur, subm that the learned Tribunal was in error in allowing the Original Applicatio ignorance of the policy of the Railway Board vide circular dated 31.05.1 as per which even at the time of promotion of a railway employee belong to ST, the production of caste certificate is a basic requirement. We are afraid, we cannot accept the submission. Indisputably, selection was for unreserved vacancies. Further, the applicant joined Indian Railways about three decades ago claming benefit of reservation ST (Bentho Oriya). Over a period of time, he came to be promoted to post of Senior Technician (Electrical Wing), by reason of which he beca eligible for being considered to the post of Junior Engineer. As there some dispute with regard to social status of Bentho Oriya, the Governm of Andhra Pradesh issued memo dated 21.05.2009 ordering status quo a result of which, the authorities are not issuing any community certifica to Bentho Oriya, certifying them as STs. In addition to this, as noti supra, the applicant competed for unreserved vacancy, and therefo insisting upon production of a community certificate as ST even though has come high up in the merit list, is certainly arbitrary under Article 16 and (2) of the Constitution of India. In that view of the matter, we do find any gross error in the view taken by the learned Tribunal. The writ petition is misconceived, and the same is accordin dismissed without any order as to costs. ____________ (V.V.S.RAO ________________ (K.G.SHANKAR 13.09.2011 vs