Hon'ble CAT Hyderabad Speaking order for OBC/SC/ST/EWS candidate will be merit in UR Post ALP TECH.

 

Brief of ALP - TECHNICIAN Recruitments through 21 RRB. 

RRB Assistant Loco Pilot (alp) Exam, popularly known as the RRB ALP TECH. exam, is undertaken by students interested in the posts of Technicians and Assistant Loco pilots. It is administered by the Railway Recruitment Board and is taken in all the different railway zones throughout India.

The Railway Recruitment Boards are spread all across the country and divided in 21 RRB. The RRB ALP TECH. Exam  is conducted to find eligible candidates for all 21 Railway Recruitment Boards. Aspirants can take the exam in over 12 different languages: Hindi, English, Bengali, Kannada, Malayalam, Assamese, Tamil, Marathi, Manipuri, Telugu, Konkani, Urdu etc.

RRB Reservation Benefits hon'ble CAT Hyderabad court case speaking order for OBC/SC/ST/EWS candidate will be merit in UR Post Job in ALP-TECH Vacancy CEN. NO. 1/2018, details are provided below.

 Table of contents

1) Noting of Executive Director/E(RRB) Railway Board.

2) Note of SPEAKING ORDER.

  2-a) Candidates representation.

  2-b) Candidates representation.

  2-c) Candidates representation.

 2.i-vi) RRB representation with Rule from notification.

 3) Conclusion of RRB Secunderabad is based on Rules of Reservation

4)  Instruction for others RRBs, to be follow RRB Secunderabad is based on Rules of Reservation.

5) Disposes of the applicants

6) 1st Hearing Date.

7) Case Disposed in 1st hearing.

  

 

GOVERNMENT OF INDIA 

 MINISTRY OF RAILWAYS 

RAILWAY BOARD

No. 2022/E(RRB)/22/06Pt.

New Delhi, dated 15.03.2022

The Chairperson,

Railway Recruitment Board Secunderabad.

Sub: Orders of Hon'ble CAT Hyderabad in OA No.021/39/2022 (Akhilesh Kumar and others Vs UOI) regarding selection for Replacement Panel of Assistant Loco Pilot against CEN No. 01/2018 by RRB/Secunderabad.

Ref: Chairman RRB Secunderabad's

No.letter RRB/SC/607/Corress/2017 dated 15.02.2022.

Certified copy of the above- mentioned order of Hon'ble CAT Hyderabad forwarded to this office vide your letter referred above was submitted before CRB&CEO for passing a Speaking order.  

A copy of Speaking order of CRB&CEO in compliance of Hon'ble CAT'S orders is enclosed. Further action for submitting the Speaking Order before Hon'ble CAT Hyderabad be taken immediately in consultation with Railway counsel defending the case.

 DA: Speaking Order (3 pages)

(Rajiv Gandhi)

Executive Director/E(RRB) Railway Board.

 

 

 

 

 

SPEAKING ORDER

In compliance with the Hon'ble CAT/Hyderbad's order dated 20.01.2022 in OA No.021/39/2022, (titled Akhilesh Kumar & Ors Vs. Chairman/Railway Board and Ors), I have gone through the issues raised by the applicants in their representation dated 15.12.2021, which are mainly as under:

(a) Shri Akhilesh Kumar and three other applicants appeared for CEN 01/2018 for the post of Assistant Loco Pilot and figuring in the standby list belonging to Unreserved (UR) community. The candidates have represented in their letter dated 15.12.2021 that RRB/Secunderbad have used category shifting rule while giving replacement panel of CEN 01/2018 ALP recruitment.

(b) The candidates have also represented that this category shifting rule is not being used by RRB Mumbai, Allahabad, Guwahati, Siliguri, Kolkata, Chennai, Ranchi, Bhopal, Malda and Thiruvananthapuram.

(c) That the RRB/Secunderabad can consider the merit of the candidates, who were in standby list and that it has no jurisdiction to pick the persons belonging to reserve category to fill up the UR vacancies for the earlier panel.

2. I have gone through the Reservation policy and Rule position being followed by RRB Secunderabad while framing replacement panels. With regard to procedure/rules followed by RRB/Secunderabad in reference to replacement panel, the following points are observed:

i) Requests for replacement panels for ALP (against CEN No. 01/2018) were received from PCPO/SCR and PCPO/ECOR on 20-9-2021 and 29-10-2021 respectively against originally selected candidates who did not join for appointment. The number of replacements sought was 303 for SCR and 39 for ECOR

ii) As has been the procedure followed in RRB/Secunderabad, just like the main panel even while supplying replacement panels, the original merit of all the candidates is held sacrosanct in order to ensure that no candidate of lower merit gets selected over and above a candidate with higher merit, subject to extant rules of reservation

iv) Accordingly, due to the vacancies caused by candidates who did not join, the merit position of the remaining candidates in the original panel stand-by list has been again re-adjusted on the basis of their relative merit positions and reservation status. In this process some border line reserved candidates (OBC, SC & ST) having high merit and age eligibility became "upgraded to UR. Since a UR post is open to all communities on common grounds of eligibility i.e., without any relaxation of marks or age, it is obvious that no stand-by candidate with lower marks or merit can be empanelled over and above such OBC SC or ST candidates.

iv. As per para 316.3 of RRB Manual 2015 "Candidates belonging to SC, ST and OBC who have been selected on their own merit along with candidates belonging to other communities and have not availed any relaxation due to being SC/ST/OBC candidates, will not be adjusted against the quota reserved for SC, ST and OBC candidates. SC/ST/OBC candidates who are in merit along with candidates belonging to unreserved category but have utilized the benefit of relaxation due to SC/ST/OBC candidates will not be considered in general merit and would be treated as SC/ST/OBC candidates. The number of reserved vacancies as indented for SC, ST and OBC will be filled up from amongst those SC/ST/OBC candidates who are lower in merit than the last candidates on the merit list prepared for unreserved vacancies, but otherwise found suitable for appointment, by relaxing the standards, wherever necessary. (Authority: Railway Board's letter No.89-E(SCT)I/25/4, dated E[RRB)/2003/9/8, dated 11.11.2003)." 2.6.89 and No.

As per CEN NO. 01/2018, item no. 8.4 of the General instructions:

v) "Candidates belonging to SC/ST/OBC-NCL who fulfill required Educational Qualification/Technical Qualification can also apply against UR Vacancies. They will however, have to compete with the UR candidates and will not be eligible for any relaxation including age to such SC/ST/OBC-NCL candidates applying against UR vacancies." In other words any candidate who fulfills the general conditions of eligibility (i.e. without any relaxation age or marks), is deemed and treated as an unreserved (UR) candidate.

(vi) Further, RRB Secunderabad while issuing the original panel of CEN 01/2018 on 01-09-2019 had clearly indicated the procedure to be adopted while submitting future panels in the following manner:

(a) Community break-up of the candidates empanelled is provisional and likely to be changed while giving left-over panels.

(b) For example: A candidate empanelled now under OBC quota may be considered under UR quota in future while giving supplementary / replacement panels because of the fact that candidates above his merit selected under UR quota may not report for appointment. Hence subject OBC candidate then will be considered under UR quota and accordingly released OBC vacancy will be filled by the available OBC merit candidate only, but not as per UR merit."

3. Based on the Rule position submitted on this file, I have come to the conclusion that due to the merit-based shifting of reserved category candidates to UR, a resultant cycle of vacancies was created in those reserved categories which had to be filled by respective OBC, SC or ST stand-by candidates. Hence, action of RRB Secunderabad is based on Rules of Reservation and no irregularity in the process of empanelment has been done by RRB, Secunderabad with regard to the Replacement Panel of ALP issued vide letters No. RRB/SC/607/1-155/CEN 01-2018 dtd.18.11.2021 & 27.10.2021.

4. I have also observed that other RRBs as quoted by the applicants in their representation are not following the laid down procedure. Instructions are being issued directing them to follow the existing instructions on the subject. I am therefore constrained to conclude that submission of the applicants as brought out in their representation dated 15.12.2021 are baseless and not supported by existing policy on Reservation The procedure being followed by RRB Secunderabad is as per extant Rules.

5 This disposes of the applicants' representation dated 15.12.2021.

                                                                                                      CRB &CEO

6) As per Petitioner Representation 1st Hearing Date fixed on 30.03.2022.

7) Petitioner was withdrawn case in 1st hearing hence case disposed on 30.03.2022. ( Picture from Hon'ble CAT Delhi Website)