RAJ KAMAL GUPTA vs RAILWAY on 13 October 2026

Order

Kamal Gupta Son of Sri e/Mohalla- Lodi Katra, P.O.- r) dvocate(s) :- Shri M.P. Dixit VERSU The Union of India throu Board, Ministry of Railway 110001. The Chairman, Railway R Ministry of Railway, Govern 110001. The Joint Director,(Establish Board, Ministry of Railway, Rai 110001. The General Manager, East Cen Digghi Kalan, P.S. Hajip Hajipur(Bihar) 844101. The General Manager (Personne Hajipur, P.O.-Digghi Kalan, P.S at Hajipur (Bihar) 844101. The Chairman, Railway Recruitm P.O.- Bankipur, P.S. Pirbahore, (Bihar), Pin Code- 800004. The Secretary, Railway Recrui P.O.- Bankipur, P.S. Pirbaho (Bihar) Pin Code- 800004.

RATIVE TRIBUNAL H, PATNA

M KUMAR JOHARI, MEMBER (J) H CHANDRA, MEMBER (A) RESERVED ON 21.09.2026 r pronounced on 13.10.2026 Suresh Prasad, Resident of

- Khajekalan, District- Patna ……..Applicants S. ugh the Chairman, Railway Rail Bhawan, New Delhi- Recruitment Control Board, nment of India, New Delhi- hment)/ Railway Recruitment il Bhawan, NewDelhi- ntral Railway, Hajipur, P.O.- pur, District- Vaishali at el), East Central Railway, S. Hajipur, District- Vaishali ment Board, Mahendru Ghat, Town & District- Patna itment Board, Mahendru Ghat, ore, Town & District- Patna f a s y - , - t t i , a Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

8. By Ad PER : the Ad :-

2. delinea

The Secretary, Bihar Intermedia Marg, Patna (Bihar) 800001. dvocate(s) :- Smt. P.R. Laxm

O R D KUMAR RAJESH CHANDR

Instant OA has been filed by the dministrative Tribunal Act, 1985 "8.1. That your Lordships may

and set aside the Order d

Annexure A/10 issued by

the applicant has been de

of Health & Malaria Insp

8.2 That your Lordships m

direct/command the re

appointment letter to th

Inspector in favour of th

the Centralized Employm

Category No. 150 treat

equivalent to one year D

Inspector.

8.3 That the respondents be

consequential benefits

including arrears of p

other selected persons wh

on the basis of Centra

CEN/02/2006, Category N

8.4 Any other relief or reli

proceeding may be allowe

The brief facts of the case, as ated as follows :- 2.1 Pursuant to a notificat 04.03.2006 the applicant had ap Malaria Inspector under Catego applications form, he was is ate Educational Council, Budh ……..Respondents mi, ld. ASC E R RA, MEMBER (A) : e applicants Under Section 19 of 5 seeking the following relief(s) y graciously be pleased to quash dated 14.09.2008 as contained in y Respondent No.7 whereunder enied of appointment to the post pector. may graciously be pleased to espondents to issue offer of he post of Health & Malaria he applicant henceforth against ment Notice No. CEN/02/2006 ting the Vocational Certificate Diploma of Health & Sanitary e further directed to grant all in favour of the applicant pay, seniority etc. at par with ho have already been appointed alized Employment Notice No. No. 150. iefs including the cost of the ed in favour of the applicant." per the OA., are discussed and tion No CEN/02/2006 dated pplied for the post of Health & ory No. 150. After scrutiny of ssued Admit Card. Applicant s

f ) h n r t o f a t e y l t h d

e d d & f t Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

3. P wherei Health educat applica in the was d applica identit Diplom appeared in the written examina declared successful vide result d was called for document verific dated 02.04.2007.

2.2. After verification of certi vide letter dated 25.10.2007, empanelment has been withheld Bihar Intermediate Education equivalency of his Vocationa applicant was directed to submi and Syllabus of Multipurpos applicant submitted. Applicant 14.04.2008 issued by the Direct Medicine, Chennai. When no a by the applicant, he submitted 2006.

2.3. In reply, the applicant 14.09.2008 issued by the respo been informed that the appointm of Health & Malaria Inspe Certificate of Vocational Cours Education Council Patna is not of Health /Sanitary Inspector. H Per contra, respondents have in it has been stated that the appl h & Malaria Inspector, Categor tional certificates were not requ ation form, he was issued call le written examination to be held o declared successful in the wr ant was called for verification o ty on 01.05.2007 he, instea ma Certificate of Health & Mala ation on 08.10.2006 and he was dated 31.03.2007. Thereafter he cation on 01.05.2007 vide letter ficates/documents, the applicant was informed that his final d for want of clarification from Council, Patna with regard to al Course. In the meanwhile, it Syllabus of Sanitary Inspector se Health Worker which the t also submitted a letter dated tor, Public Health & Preventive appointment letter was received representation under RTI Act, received a letter/order dated ondents No. 7 whereby he has ment has been denied to the post ector on the ground that the e granted by Bihar Intermediate equivalent to one year Diploma Hence the O.A. filed their written statement licant had applied for the post of ry No. 150. Since the copy of uired at the time of submitting etter provisionally for appearing on 08.10.2006 and thereafter, he ritten examination. When the of original certificates as well as ad of producing the required aria Inspector from a recognized s e r t l m o , r e d e d , d s t e e a t f f g g e e s d d Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

Institu course and ce by th was n Accord post. It was cl should down any ap not fu Howev regard Railwa health cannot qualifi Inspec submit dismis

4. record

5. Origin educat Health pursua Before applica seekin petitio ution, produced intermediate pa e issued by the Bihar Intermed ertificate of proficiency as Mult he Board of Practical Training, not a valid diploma certificat dingly, the applicant was not fo t has been further stated that in P learly mentioned that "Before a d ensure that he/she fulfills a in the Employment Notice. Th pplication at any stage of recr lfill the requisite criteria." ver, a clarification was sought d to validity of educational ay Board vide letter 14.09.2008 worker issued by Bihar Interme t be accepted in lieu of prescri ications for direct recruitment to ctor, Grade-III in the Railways. L tted that the O.A. is devoid ssed. We have heard the parties, per ds and considered the matter in it The only question which arises nal Application is whether the a tional qualification prescribed f h & Malaria Inspector, Grade ant to Employment Notice No. C e considering this issue, it will b ant had initially approached the ng the same relief by way of fil n was finally dismissed by the assing certificate of vocational diate Education Counsel, Patna tipurpose Health Worker issued Easter Region, Calcutta which e required for the said post. ound eligible for selection to the Para 16.10 of IRCEN 02/2006 it applying to the post, applicant all the eligibility criteria laid he RRB shall be free to reject ruitment, if the applicant does from the Railway Board with qualification of applicant. The informed that the Multipurpose ediate Education Council, Patna ibed qualification as one of the o the post of Health & Malaria Learned Counsel for respondents of merit and is liable to be rused the materials available on s entirety. s for consideration in the present applicant possessed the requisite for appointment to the post of e-III, against Category No. 150 CEN/02/2006 or not. be pertinent to mention that the e Hon’ble Patna High Court for ling CWJC 793/2009. This writ e Hon’ble Patna High Court on l a d h . e t t d t s h e e a e a s e n t e f e r t n Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

09.05.2 remedy observ the sam said w writ pe of the 11 of t Theref 2008 a

6. No. 15 applica succes certific Diplom institut Course Certifi the Bo The re qualifi commu produc prescri Malari any st instrum recogn qualifi The le is well

2017 on the ground of the appl y under the Administrative Trib ved that if he approaches the Cen me relief the period consumed b writ petition from 15.01.2009 til etition that is 09.05.2017 will be limitation matter. This order ha this O.A. fore, the delay between the cau and the filing of the instant OA in The recruitment was pursuant t 50, for the post of Health & M ant appeared in the written e ssful. He was thereafter called cates. At that stage, instead ma Certificate in Health/Sanitar tion, he produced an Intermed e issued by the Bihar Intermed icate of Proficiency as Multipur oard of Practical Training, Easter espondents sought clarification re ication produced by the appli unication dated 14.09.2008, c ced by the applicant could no ibed qualification for direct recr ia Inspector, Grade-III. The app tatutory rule, recruitment rule, ment issued by the competen nizes the qualification possesse ication prescribed in the recruitm egal position regarding equivalen l settled. In Director, AIIMS &

icant/petitioner having statutory bunals Act, 1985. It was further ntral Administrative Tribunal for by the petitioner in pursuing the ll date of the final order in the e excluded for the consideration as been annexed as Annexure A- use of action arising in the year n the year 2017 is condoned. to CEN No. 02/2006, Category Malaria Inspector, Grade-III. The examination and was declared for verification of his original of producing the prescribed ry Inspector from a recognised diate Certificate of Vocational diate Education Council and a rpose Health Worker issued by rn Region, Calcutta. egarding the acceptability of the icant. The Railway Board, by clarified that the qualification ot be accepted in lieu of the ruitment to the post of Health & plicant has not placed before us , notification or other binding nt recruiting authority which ed by him as equivalent to the ment notice. nce of educational qualifications & Ors. vs. Dr. Nikhil Tandon & y r r e e n - r y e d l d d l a y e y n e & s g h e s & Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

Ors., ( that th the em autono In th qualifi formal case, A stipula conten endors to part The r applica thereaf docum basis o The a produc

7. In statuto author Health prescr recruit compe accept The m examin upon selecti

1996) 7 SCC 741, the Hon'ble S he decision with regard to the qu mployer and it should be treat omy. he context of appointments, ications" means that a candi lly acknowledged by the relev AIIMS or the Medical Council o ated requirements. Mere equiv nt does not suffice; there must sement. The fact that the applic ticipate in the written examinat respondents' case, borne out ation was provisionally proce fter required to produce his orig ment verification. It was at that of the qualification actually po applicant was subsequently in ced by him was not the prescribe the present case, the applica ory provision or binding re rity treating the Vocational Cert h Worker Certificate produced ibed Diploma in Health/Sanita tment in question. On the contr etent Railway authority examine t it as fulfilling the prescribed eli mere fact that the applicant was nation and was subsequently de him an indefeasible right to a ion process and success in a

Supreme Court of India has held ualification is the prerogative of ted as part of the institutional "recognition of equivalent idate’s qualifications must be vant authority (in the aforesaid f India) as being on par with the valence in academic rigor or t be an official recognition or ant had initially been permitted tion does not alter the position. from the record, is that the essed and the applicant was ginal certificates at the stage of stage that his eligibility on the ossessed by him was examined. nformed that the qualification ed qualification. nt has not demonstrated any cognition by the competent ificate and/or the Multipurpose by him as equivalent to the ry Inspector for the particular rary, the record shows that the ed the qualification and did not gibility requirement. s permitted to sit in the written eclared successful cannot confer appointment. Participation in a a written examination do not d f l t e d e r r d . e s f e . n y t e e r e t n r a t Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA

dispen qualifi with n examin were empan It is a recons of equ a qua equiva Such condit recruit the pre The re examin before ground consid princip

8. We decisio In vie dismis There

(Kum M Mks nse with fulfillment of the pr cation at the stage of verificat no formal degree of law appear nation he cannot be made a ju entitled to verify the appli nelment/appointment. also material that the applica sideration of his candidature on uivalence. His substantive praye alification not recognized by alent to the qualification prescr an exercise would effectively ion and substitute the Tribuna ting authority, which is imperm esent case. espondents have also demonstr ned at the level of Railway B e taking the ultimate decision of

d. The decision was also comm dering his representation. Theref ple of natural justice. therefore find no legally sustain on of the respondents dated 14. w of the foregoing discussio sed as devoid of merit on the shall be no order as to costs. mar Rajesh Chandra) (Justic Member (A)

rescribed essential educational tion of credentials. If a person s and clears the judicial service udicial officer. The respondents icant's eligibility before final nt's prayer is not merely for n the basis of some recognition r requires this Tribunal to treat the recruiting authority as ribed in the recruitment notice. y alter the notified eligibility al's assessment for that of the missible in the circumstances of rated that they got the matter Board and sought clarification f denial of appointment on this municated to the applicant after fore, there is no violation of the nable basis to interfere with the 09.2008. n, the Original Application is substantive issue of eligibility. ce Narendra Kumar Johari) Member(J) l n e s l r n t s . y e f r n s r e e s . Digitally signed by MANORANJ AN KUMAR SINHA MANOR ANJAN KUMAR SINHA