This High Court quashed a Central Administrative Tribunal order sustaining appointments in a Railway recruitment. The Court held that the selection must follow procedures prior to the impugned notification issued on 04.08.2003, dismissing the Tribunal's direction.
Quashing of Tribunal direction; Original application by respondents dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Writ No. 7597/2007
Union Of India And Anr.
----Petitioners
Versus
Sunil Kumar And Ors.
----Respondents
For Petitioner(s) : Mr. R.K. Soni For Respondent(s) : None
HON'BLE THE CHIEF JUSTICE MR. PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
04/09/2018
(2 of 3)
[CW-7597/2007]
upto 30% questions being objective type. It was pleaded that the selection process commenced when notification dated 04.08.2003 was issued. Regarding Railway Board notification dated 17.08.2003, it was pleaded that it was made prospective in its operation and clearly recorded that existing selection procedure would not be governed by the same. Apart therefrom a plea was taken before the Tribunal that the applicants have participated in the written examination without demur and thus they could not question the same. It was also pleaded that empanelled candidates not being impleaded as respondents the original application was liable to be dismissed.
(3 of 3)
[CW-7597/2007]
considered for selection as per a written test which has to be conducted in terms of the Railway Board notification dated 17.08.2003.
(PUSHPENDRA SINGH BHATI),J
(PRADEEP NANDRAJOG),CJ
Mohit Tak
2 issues framed by the court
Whether the Railway Board notification dated 17.08.2003 should have governed the selection process commenced on 04.08.2003
Whether the Central Administrative Tribunal direction to give applicants another chance in the written test was valid
Union Of India
Anr
Sunil Kumar
Ors
Pradeep Nandrajog
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
