IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10567 of 2010 1. SATYENDRA KUMAR SINHA, S/O SRI SUDARSHAN PRASAD SINGH, R/O MOHALLA NEW ANANDPURI, BEHIND KHAGAUL POLICE STATION, P.S. KHAGAUL, DISTRICT- PATNA. 2. BRIJ MOHAN SINGH, S/O LATE JAIMANGAL SINGH, R/O MOHALLA KHAGAUL,NEORA COLONY,P.S. KHAGAUL,DISTRICT- PATNA. 3. ABODH KUMAR, S/O LATE SHEO BALAK RAM, R/O MOHALLA LOCO COLONY, RAILWAY QUARTER NO. 611/A, P.S. KHAGAUL,DISTRICT- PATNA. 4. VIJAY KUMAR, S/O SRI CHHOTELAL, R/O MOHALLA KARBIGHAIYA, P.S. JAKKANPUR,DISTRICT- PATNA. 5. JITENDRA KUMAR-I S/O LATE AWADH PRASAD, R/O VILLAGE BHAGWATIPUR, P.S. BIHTA,DISTRICT- PATNA. 6. RAJESH KUMAR-I, S/O LATE ARJUN PRASAD, R/O MOHALLA MAHENDRU, P.S. N.I.T. HOSTEL, NO.3, RATIGHAT, DISTRICT- PATNA. 7. RANJIT KUMAR - I S/O LATE SURYA NARAYAN PRASAD SINGH, R/O VILLAGE KISHANPUR YUSUF, P.S. SARAIRANJAN, DISTRICT- SAMASTIPUR. 8. MUKUL KUMAR, S/O SRI DINESH PRASAD, R/O VILLAGE CHAKDIN, P.S. ASTHWA, DISTRICT- NALANDA. 9. AJIT KUMAR, S/O SRI RATANLAL SINGH, R/O MOHALLA RAJAPUR, P.S. SRI KRISHNAPURI, DISTRICT- PATNA. 10. SUDHIR KUMAR-I, S/O SRI ARBIND PRASAD, R/O MOHALLA LAKHIBAGH, SARDAR PATEL PATH, P.S. MASAURHI, DISTRICT- PATNA. 11. MANOJ KUMAR-II, S/O SRI SAGAR SINGH, R/O MOHALLA S.K. COLONY, KANKARBAGH, P.S. KANKARBAGH, DISTRICT-PATNA. 12. MUKESH KUMAR-I S/O LATE MURLIDHAR PRASAD, R/O MOHALLA LOCO COLONY, P.S. KHAGAUL, DISTRICT- PATNA. 13. SUDHIR KUMAR SINGH, S/O SRI RAM SAKAL SINGH, R/O VILLAGE KARARHATA, P.S. BIDUPUR, DISTRICT- VAISHALI. 2 14. ARBIND KUMAR-II, S/O LATE RAMNATH SINGH, R/O MOHALLA ADARSH COLONY, SAGUNA MORE, P.S. DANAPUR CANTT, DISTRICT- PATNA. 15. SHYAM SUNDER SHARMA, S/O SRI RAJDEO SHARMA, R/O MOHALLA LOCO COLONY, P.S. KHAGAUL,DISTRICT- PATNA. 16. PRAMOD KUMAR, S/O LATE D. M. SHAW, R/O VILLAGE BADI KHAGAUL, P.S. KHAGAUL,DISTRICT- PATNA. 17. ANURANJAN KUMAR, S/O SRI KASHI NATH VERMA, R/O VILLAGE SAMSARA, P.S. BIHTA,DISTRICT- PATNA. 18. BASANT KUMAR BAIBHAV, S/O SRI DEO NARAYAN JHA, R/O VILLAGE HULASH, P.S. RAGHOPUR,DISTRICT- SUPAUL. 19. JITENDRA KUMAR-II, S/O SRI C. D. PRASAD, R/O KANKARBAGH, P.S. PATRAKARNAGAR, DISTRICT- PATNA. ....... PETITIONERS VERSUS 1. THE UNION OF INDIA,THROUGH THE SECRETARY, RAILWAY BOARD RAIL BHAWAN, NEW DELHI. 2. GENERAL MANAGER, EAST CENTRAL RAILWAY, HAZIPUR, DISTRICT- VAISHALI. 3. GENERAL MANAGER,VIGILANCE, EAST CENTRAL RAILWAY, HAZIPUR, DISTRICT- VAISHALI. 4. CHIEF PERSONNEL OFFICER, DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL, DISTRICT- PATNA. 5. DIVISIONAL RAILWAY MANAGER, DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL, DISTRICT- PATNA. 6. DIVISIONAL RAILWAY MANAGER (P) / SENIOR DIVISIONAL PERSONNEL OFFICER, DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL, DISTRICT- PATNA. 7. SENIOR DIVISIONAL ELECTRICAL ENGINEER (O.P.NO.) DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL, DISTRICT- PATNA. 3 8. DIVISIONAL PERSONNEL OFFICER,DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL, DISTRICT- PATNA. 9. SRI A.K. RAI, DIVISIONAL ELECTRICAL ENGINEER (T&S) DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL CUM CHAIRMAN, DEPARTMENTAL PROMOTION COMMITTEE / SELECTION COMMITTEE. 10. SRI AMAR SINGH,DIVISIONAL ELECTRICAL ENGINEER (T&S) DANAPUR DIVISION, EAST CENTRAL RAILWAY,KHAGAUL CUM MEMBER, DEPARTMENTAL COMMITTEE / SELECTION COMMITTEE. 11. SRI SHYAM BABU, ASSISTANT PERSONNEL OFFICER-III DANAPUR DIVISION, EAST CENTRAL RAILWAY, DANAPUR, KHAGAUL CUM MEMBER (S.T. & S.C) DEPARTMENTAL PROMOTION COMMITTEE / SELECTION COMMITTEE. 12. SRI SURENDRA KUMAR SINGH, WORKING AS LOCO PILOT (GOODS) ELECTRICAL,DANAPUR. 13. SHRI DHARMENDRA KUMAR, S/O LATE R. L.YADAV, WORKING AS LOCO PILOT (GOODS) ELECTRICAL,DANAPUR. 14. MD. SABIRUDDIN ANSARI, S/O LATE MD. ABDUL AZIZ ANSARI, R/O VILLAGE BARAJOR, P.O. & P.S. JHAJHA, DISTRICT-JAMUI. 15. RAM PRASAD YADAV, S/O LATE NIRMAL, R/O VILLAGE BARAJOR, P.O. & P.S. JHAJHA, DISTRICT- JAMUI. 16. SHANKAR YADAV, S/O JHARI YADAV, R/O SEWAGIDHO, P.O. & P.S. GIDHOR, DISTRICT- JAMUI. 17. GANESH RAM, S/O LATE HARICHARAN, R/O KAMLA GOPALPUR, P.O. & P.S. MANER,DISTRICT PATNA. 18. BISHUNDIO RAM, S/O LATE SUKAR RAM, R/O CHITOCHAK, P.O. & P.S. JHAJHA, DISTRICT-JAMUI. 19. UCHIT NARAYAN YADAV, S/O LATE VISHWANATH YADAV, R/O KARAUNA P.O. & P.S. KATAUNA, DISTRICT- JAMUI. 20. G. P. YADAV, S/O LATE A. DURGA, R/O ALAKJERA, P.O. & P.S. JHAJHA, DISTRICT- JAMUI. 21. SHIB SHANKAR THAKUR, S/O NEPALI, R/O BANGABAHIAR, P.O. & P.S. JHAJHA, DISTRICT- JAMUI. 4 22. RUDRA NARAYAN JHA, S/O LATE UMAKANT JHA, R/O GANGAPUR,P.O. GANGAPUR, P.S. SULTANGANJ, DISTRICT-BHAGALPUR. 23. IFTALHAR AHMAD, S/O IMAM HASSAN, R/O RAILWAY QUARTER NO. 25/A KHALASHI MOHALLA P.O. AND P.S. JHAJHA, DISTRICT- JAMUI. 24. RAJENDRA PRASAD MISHRA, S/O SUDHIR MISHRA, R/O SUPOR JAMUA, P.O. & P.S. SANGARAMPUR, DISTRICT- MUNGER. 25. SHEKH SHAFI ALAM, S/O SHEK SUBRATI, R/O KHALASHI MOHALLA P.O.AND P.S. JHAJHA, DISTRICT-JAMUI. 26. MD. KHALID ZULFIQUAR, S/O LATE MD. ABBAS ANSARI, R/O MOHALLA KHALASHI MOHALLA P.O. & P.S. JHAJHA, DISTRICT-JAMUI. 27. AJIT KUMAR SINHA, S/O LATE SACHIDANAND SINHA, R/O RAILWAY MEDICAL COLONY, P.O. & P.S. KHAGAUL,DISTRICT-PATNA. 28. HAIDAR ALI, S/O LATE HAMID KHAN, R/O KHAGAUL OFFICER COLONY, P.O. & P.S. KHAGAUL,DISTRICT- PATNA. 29. SUNIL KUMAR-I, S/O LATE R.N. RAM, R/O LOCO COLONY,QUARTER NO. 101 Q/L P.O. & P.S. KHAGAUL,DISTRICT- PATNA. 30. RAM NAGAINA PASWAN, S/O LATE S.M. PASWAN, R/O NAYANCHAK, P.O. & P.S. KHAGAUL, DISTRICT- PATNA. 31. SHYAM SUNDER YADAV, S/O LATE KISHUN YADAV, R/O PANDEDIH ,P.O. & P.S. JHAJHA, DISTRICT-JAMUI. 32. ARUN KUMAR, S/O LATE TARINI PRASAD, R/O RAILWAY QUARTER NO. 336 'D' RAILWAY COLONY,JHAJHA,P.O. & P.S. JHAJHA, DISTRICT- JAMUI. 33. KAMAL JEET SINGH, S/O LATE HARI SINGH, R/O CHARGHARA,P.O. AND P.S. JHAJHA,DISTRICT- JAMUI. 34. SIKANDAR RAM, S/O RAMJEE RAM, S/O SIWNAR, P.O. & P.S. MOKAMA,DISTRICT- PATNA. 35. CHANDESHWAR DIWAKAR, S/O SRI CHANDRADEO PASWAN, R/O VILLAGE ASHOK NAGAR POKHERIA, P.O. & P.S. BEGUSARAI, DISTRICT- BEGUSARAI. 36. RAMCHANDRA YADAV, S/O LATE S.S. YADAV, 5 R/O CHURRUAN BIGHA, P.O. AND P.S. GOPALPUR, DISTRICT- LAKHISARAI. 37. DILIP KUMAR, S/O SRI ANODI PRASAD SINGH, R/O DIMACHAKLA, P.O DIMACHAKLA, P.S. PASRAHA, DISTRICT- KHAGARIA. 38. MANOJ KUMAR, S/O SRI B. P. PRASAD, R/O HOUSING COLONY RAJENDRA NAGAR, P.O. & P.S. BAHADURPUR, DISTRICT- PATNA. 39. BINOD KUMAR THAKUR, S/O LATE NAGINA THAKUR, R/O INDRA PURI, P.O. & P.S. TEXT BOOK COLONY, DISTRICT- PATNA. 40. RAHUL SINGH, S/O LATE R. P. SINGH, R/O NEW COLONY P.O. & P.S. KHAGAUL,DISTRICT- PATNA ..... RESPONDENTS WITH CWJC No.10866 of 2010 1. MANOJ KUMAR CHOUDHARY, S/O LATE DIP NARAYAN CHOUDHARY, R/O VILLAGE KAMARGAW,P.O. LAKHANPUR,P.S. TARAPUR,DISTRICT-MUNGER. 2. GYAN PRAKASH, S/O SRI SUKHDEO SAH, R/O PRAKASH BHAWAN, BRAHMPURA, P.O. MIT, P.S. BRAHMPURA, DISTRICT- MUZAFFARPUR. 3. LALIT NARAYAN, S/O SHRI B.N. MISHRA, R/O SHASTRI NAGAR COLONY, RATTHOR TOLA, P.O. GURUKUL MEHIYA, P.S. MUFFASIL CHAPRA, DISTRICT- CHAPRA. 4. ARBIND KUMAR, S/O VIDHYA PRASAD SINGH, R/O MAURYA BIHAR COLONY, NEAR ELECTRICT OFFICE, P.O. KHAGAUL, P.S. KHAGAUL, DISTRICT- PATNA. 5. SHRIKANT KUMAR, S/O SRI DEO SHARAN PRASAD, R/O VILLAGE GARHPA, NEAR BARI MANDIR, P.O. BIHARSHARIF, P.S. BIHARSHARIF, DISTRICT- NALANDA. 6. TARUN KUMAR ANAND, S/O SRI ANIL KUMAR, R/O FLAT NO. 201/B, SRI OM COMPLEX VED NAGAR, RUKANPURA, NEAR SINGH PETROL PUMP, P.O. B. V. COLLEGE, PATNA,14, P.S. RUPASPUR,DISTRICT- PATNA. 7. LALAN KUMAR SHARMA, S/O SRI CHHATHU TANTI, R/O VILLAGE MAHESH KHUNT, P.O. FARREH, P.S. CHAUTHAM,DISTRICT- KHAGARIA. 6 8. SARVESH KUMAR, S/O SRI MAHESH THAKUR, R/O MOHALLA NANDPUR, NAYA TOLA , P.O. NARKATIYAGANJ, P.S. SHIKARPUR, DISTRICT- WEST CHAMPARAN. 9. AMIT KUMAR, S/O UDAY CHANDRA SAH, R/O KURJIPUR, P.O. SADAKAT ASHRAM, P.S. DIGHA, DISTRICT- PATNA. 10. AMEET MOHAN, S/O SRI PRAHLAD PRASAD, R/O MUNNA SWEETS HOUSE, ANAND BAZAR, DANAPUR, P.O. DANAPUR, CANTT. P.S. DANAPUR, DISTRICT- PATNA. 11. SUNIL KUMAR, S/O SRI RAM SURESH VISHWAKARMA, R/O BIBIGANJ (TARI GODAM), DANAPUR CNTT. P.O. DANAPUR CANTT, P.S. DANAPUR, DISTRICT- PATNA. 12. RAJNIKANT, S/O SRI SHANKAR PRASAD PRASAD, R/O MOHALLA KAZIPUR, P.O. BANKIPUR, P.S. KADAMKUAN, DISTRICT- PATNA. ..... PETITIONERS VERSUS 1. THE UNION OF INDIA THROUGH THE GENERAL MANAGER, E.C. RAILWAY,HAZIPUR,HAZIPUR,EAST CENTRAL RAILWAY. 2. THE GENERAL MANAGER (P), EAST CENTRAL RAILWAY, HAZIPUR. 3. THE DIVISIONAL RAILWAY MANAGER, DANAPUR DIVISION, EAST CENTRAL RAILWAY, KHAGAUL,DANAPUR. 4. THE SENIOR D.P.O. / DRM (P), EAST CENTRAL RAILWAY,DANAPUR. 5. THE DIVISIONAL PERSONNEL OFFICER, E.C. RAILWAY,DANAPUR. 6. THE CHIEF CREW CONTROLLER, EAST CENTRAL RAILWAY, DANAPUR DIVISION, DANAPUR DEPOT (KHAGAUL). 7. THE CHIEF CREW CONTROLLER, EAST CENTRAL RAILWAY, DANAPUR DIVISION, JHAJHA DEPOT, JHAJHA. ..... RESPONDENTS --------- FOR THE PETITONERS : ( In CWJC No.10567/2010) M/s Chittaranjan Sinha, 7 4 16.8.2010 Senior Advocate, Krishna Narayan Jha, Advocate (In CWJC No.10866/2010) : M/s Gautam Bose, Senior Advocate, Ratna Das and Nishikant, Advocates FOR THE RESPONDENTS: M/s Bindhyachal Singh and Satya Prakash, Advocates (In both the cases) -------- Heard learned counsel for the petitioners in both the cases and learned counsel for the respondent Railways. Both the cases have been heard together because the dispute relates to a common select list prepared by the Railways on the basis of written examination which is a part of the selection process, held in the month of July 2009 for filling up selection post of Loco Pilot (Goods) Grade II ( Electric) in the scale of Rs.9300- 300 – 34800. On behalf of the petitioners in the first case i.e. CWJC No.10567 of 2010 an attempt was made to create a doubt regarding the legality and propriety of the entire written examination on the ground that members of the DPC / Selection Committee ought to have been changed because the written test held earlier in respect of same 8 selection process was cancelled. We had given an opportunity to the Railways to meet this point and they have filed a counter affidavit in which it has been averred that according to the Vigilance Enquiry there was a strong likelihood that somehow questions for the written examination which has been cancelled, had leaked on the second day of the examination. Thus, the stand of the respondents is that it was only to rule out any chance of unfair loss or gain to the candidates, the earlier written test was cancelled but there was no material against the members of the DPC/ Selection Committee. This stand was corroborated by referring to the discussions made by the learned Tribunal in paragraph 14 of the impugned order. We are in agreement with the views of the learned Tribunal. So far as alleged unfair treatment or favoritism to individual candidates is concerned, the Tribunal has taken a proper stand that those issues can be examined only when those individual candidates are parties before the Tribunal and such cases can be weeded out and do not render the entire written examination invalid. Hence, we do not find any merit so far as CWJC No.10567 of 2010 is 9 concerned. It is accordingly dismissed. So far as CWJC No.10866 of 2010 is concerned, the 12 petitioners were successful in the written examination held in July 2009 and their names were included in the list of successful 66 candidates as contained in Annexure-7. However, they are aggrieved on account of their exclusion from the final select list leading to denial of promotion/ appointment to the post concerned. It is the case of the petitioners that even if the authorities had the right to look into the records of service and seniority etc. as a factor for selection as indicated in paragraph 17 of the judgment of the Tribunal, there was nothing adverse communicated to the petitioners in respect of their service records and, therefore, they should have been promoted and appointed to the post in question because of availability of vacancies. Learned Tribunal has indicated in paragraph 18 that as per Railways Board’s letter dated 7.8.2003, the candidates had to obtain minimum of 60 per cent marks in the professional ability (written test) as well as 60 per cent in the aggregate for being empanelled for the purpose of promotion or final appointment. It is not pleaded or 10 proved by the petitioners either before the Tribunal or before this Court that they had secured 60 per cent in the aggregate also. In that view of the matter, we find no good ground to interfere with the order of the Tribunal. This writ petition is also dismissed. However, it is made clear that if on facts any of the 12 petitioners can show that he had obtained the required aggregate for final empanelment he would be at liberty to approach the learned Tribunal once again seeking review of his own case on the basis of such materials. (Shiva Kirti Singh,J.) (Hemant Kumar Srivastava, J.) sk