Dismissed

Jugal Kishore Kushwaha v. Union of India and 2 Others

Allahabad HC3 Jul 2024WRIA/8110/2024

Case brief

AI extract

What is this about?

Petitioner challenged dismissal of his original application claiming non-award of marks for Scouts/Guides qualifications. Court held that marks were awarded as per Railway Board circulars and certificates submitted after the application deadline could not be considered. Writ petition dismissed.

What the court decided

AI extract

Jugal Kishore Kushwaha vs Union of India and 2 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:130107-DB

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Chief Justice's Court

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Case :- WRIT - A No. - 8110 of 2024 Petitioner :- Jugal Kishore Kushwaha Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Bashist Tiwari,Prashant Tiwari Counsel for Respondent :- A.S.G.I.,Tanisha Jahangir Monir

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Hon'ble Arun Bhansali,Chief Justice Hon'ble Vikas Budhwar,J.

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This writ petition is directed against the order dated 25.01.2024 passed by the Central Administrative Tribunal, Allahabad Bench, Allahabad in Original Application No.614 of 2014 whereby the Original Application filed by the petitioner seeking selection pursuant to the recruitment of Group-D post under Scouts & Guides quota has been dismissed.

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The respondents notified two vacancies for Group-D post under Scouts & Guides quota for the recruitment year 2013-14 in Jhansi Division in Grade Pay of Rs.1800/-. The petitioner as possessed the minimum requisite qualifications applied for the post. When the result was declared, the petitioner was placed at serial no. 3 in the merit list.

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Aggrieved the petitioner filed the Original Application inter-alia claiming that he has not been awarded marks for his Scouts/Guides qualifications and in case he was awarded the marks appropriately, he would obtain more marks than candidate at merit no.2 and therefore, the selection of respondent no.3 be set aside and he may be directed to be accorded appointment.

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A response was filed inter alia indicating that the petitioner has been accorded marks in accordance with the circulars issued by the Railway Board and as the reliance placed by the petitioner pertains to a certificate which is after the last date of making the

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application, he is not eligible to get marks for the said certificate and consequently the O.A. was liable to be dismissed.

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The Tribunal after hearing the parties, came to the conclusion that the petitioner has been awarded marks appropriately and consequently dismissed the Original Application. Feeling aggrieved the present petition has been filed.

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Learned counsel for the petitioner reiterated the submissions as made before the Tribunal with reference to the certificates, which have been annexed with the writ petition that petitioner has not been awarded appropriate marks and in case appropriate marks were awarded the petitioner would be having marks higher than the candidate placed at merit no.2 and therefore, the order passed by the Tribunal deserves to be set aside.

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Learned counsel appearing for the respondents submitted that the petitioner has been awarded marks in accordance with the Railway Board Circular for all the certificates, he has placed along with the application and the certificate which pertains to his having attended the 16th All India Railway Jamboore, is after the last date of making application and therefore, the same could not be taken into consideration and therefore, the petition deserves dismissal.

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We have considered the submissions made by the counsel for the parties and have perused the material available on record.

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A bare look at the Railway Board Circular relied on by both the parties reveals that the marks for Scouts/Guides qualifications over and above the minimum prescribed as eligible condition are 35, which have been divided into 7 marks each for (a) Participation in International Event (b) Participation in National Events/National Jamboore (c) Participation in Jamboore on the Indian Railways (d) Events/Rallies attended at State Level and (e) Specialized

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Scouts/Guides Course Pioneering/Mapping and standard judging course.

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A bare look at the mark-sheet produced, Annexure-2, reveals that the petitioner has been awarded 7 marks each for participation in national events, events/rallies attended at State Level and specialized Scouts/Guides course pioneering/mapping and standard judging course and has not been awarded any marks for participation in international event and participation in Jamboore on the Indian Railways.

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Admittedly, the petitioner has not participated in any international event.

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So far as the participation in the Jamboore on the Indian Railways is concerned, the certificate produced by the petitioner shows that he has participated in the said Jamboore on 15.01.2014 to 19.01.2014. The last date for making the application was 19.08.2013 and as the participation of the petitioner was after the said date, the said participation in the Jamboore on the Indian Railways could not be taken into consideration.

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Submissions made pertaining to not awarding marks for certain certificates, the same does not fall within the two categories for which no marks have been awarded and all other three categories, already maximum marks have been awarded to the petitioner and therefore, apparently, no case is made out as sought to be projected by the petitioner.

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There is no substance in the writ petition and the same is, therefore, dismissed .

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Order Date :- 12.8.2024 nd/piyush

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(Vikas Budhwar, J) (Arun Bhansali, CJ)

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Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad

Jugal Kishore Kushwaha v. Union of India and 2 Others

Case brief

What is this about?

What the court decided

Jugal Kishore Kushwaha v. Union of India and 2 Others

Case brief

What is this about?

What the court decided

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