IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8123 of 2008 THE UNION OF INDIA & ORS Versus RAJA RAM SHARMA & ORS ----------- For the petitioners : Mr.Anil Kumar Sinha, Advocate ------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal Dated, the 15th July, 2008. We heard the counsel for the petitioners. 2. In paragraph 12 of the impugned order, the Central Administrative Tribunal, Patna Bench, Patna, observed thus: “Keeping in view the pronouncement of judgments in Indra Pal Yadav vs. UOI, 1985 SCC ( L &S) 526 and Dakshin Railway Employees Union vs. G.M. Southern Railway, 1987 SCC (L&S) 73 as well the Railway Board’s Instruction (Supra), this OA is being disposed of with a direction to the respondents to consider the applicant at Serial No.1 to 3, 5, 7, 8, 11 to 13, 15 to 17, 20, 22 and 24 (15 in number) to absorb in the available regular vacancies in SC/ ST/ OBC slots before making recruitment from open market. There will be no order as to the costs.” 3. We find no justification to interfere with the direction to the present petitioners to consider the case of the applicants mentioned in paragraph 12. If the respondents are not eligible or fulfill the qualification as prescribed in the recruitment rules, obviously, the - 2 - petitioners shall be within their jurisdiction to pass an appropriate order. On the other hand, if the respondents fulfill the eligibility criterion and meet all other requirements as per the existing rules, there services deserve to be absorbed. 4. Writ petition is disposed of accordingly. R.M. Lodha, CJ Kishore K. Mandal, J. Sunil