Gauhati High Court
Review.Pet./42/2023 on 10 August, 2023
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GAHC010064172019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : Review.Pet./42/2023
MISS ENAMONI SAIKIA
D/O SAFIQUE ALI,
RESIDENT OF VILLAGE SARAIGHAT NAGAR,
JALUKBARI, PO PANDU, 781012,
PS JALUKBARI, DIST KAMRUP M ASSAM
-VERSUS-
1.THE NORTH EAST FRONTIER RAILWAY AND 3 ORS
REPRESENTED BY THE GENERAL MANAGER,
NF RAILWAY, MALIGAON, GUWAHATI 781011.
2:THE CHAIRMAN,
RAILWAY RECRUITMENT BOARD,
STATION ROAD, NF RAILWAY,
GUWAHATI 781011
3:THE ASSISTANT SECRETARY,
RAILWAY RECRUITMENT BOARD,
STATION ROAD, NF RAILWAY,
GUWAHATI 781011
4:THE CHIEF PERSONAL OFFICER,
NORTH EAST FRONTIER RAILWAY,
MALIGAON, GUWAHATI 7810
For the Review Petitioner/Applicant : Mr. S. Hazarika, Advocate.
For the Respondent(s) : .............................
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-B E F O R E -
HON'BLE THE CHIEF JUSTICE
HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND
10.08.2023
[Sandeep Mehta, CJ]
Heard Mr. S. Hazarika, learned counsel representing the review
petitioner/applicant and also perused the material available on record.
The instant application has been preferred by the review applicant seeking
review of the judgment and final order dated 09.02.2018 passed by the Division
Bench of this Court in WP(C) No.7411/2016 accepting the writ petition and setting
aside the order dated 23.09.2016 passed by the Central Administrative Tribunal,
Guwahati Bench in the Original Application No.240/2014 preferred by the applicant.
The brief facts relevant for disposal of the review application are noted
hereinbelow.
The applicant herein applied for the post of Health and Malaria Inspector in
pursuance of a recruitment process initiated by the respondent N.F. Railway against
the Centralized Employment Notice No.05/2012, dated 13/10/2012. She claimed to
be holding a diploma certificate issued from the Institute of Public Health &
Hygiene, Mahipalpur. The authorities found that the said diploma certificate was
not recognized by any institution as well as the Railway Board and thus, the review
applicant's candidature was rejected. The applicant filed Original Application
No.240/2014 before the Central Administrative Tribunal, Guwahati Bench which
accepted the application by the judgment and order dated 23.09.2016 and directed
the N.F. Railway to provisionally empanel the review applicant in the ongoing
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recruitment process.
The said order passed by the CAT was assailed by the N.F. Railway by filing
WP(C) No.7411/2016 which was accepted by the Division Bench vide order dated
09.02.2018 wherein, the finding and decision of the Tribunal regarding the issue of
applicant possessing a diploma from an institute which was recognized as per the
terms of the advertisement, was decided against the applicant (respondent in the
writ petition).
The observations made by the Division Bench at para Nos.7 and 8 of the
judgment under review are reproduced hereinbelow for the sake of ready
reference:
"7. We respectfully disagree with the findings and decision of the Tribunal. The
crux of the matter is whether the respondent possesses diploma from an
institute which is recognized as per the terms of the Advertisement. Despite
repeated opportunities, the counsel for the respondent could not furnish any
documents whatsoever to substantiate that the Institute of Public Health &
Hygiene, Mahipalpur, New Delhi is either recognized by the Central Government
or by the Railway Board or, for that matter, by the Assam State
Government/Bodies enacted by Act of Parliament or State Legislatures. This is
an admitted position going to the root of the matter.
8. In the Advertisement itself it was clearly stipulated that candidates should
have requisite qualifications from recognized University/Institute. The
consequence of not fulfilling the requisite criteria was also clearly indicated. The
fact that the respondent was without a diploma from a recognized Institute was
known to the Railway authority only when it had conducted document
verification as per the scheme of the selection. The Circular dated 18.03.2014
clarifying on the issue as to the status of the Institute from where the
respondent had obtained diploma was only by way of clarification, which is
squarely applicable in the instant case. The said clarification will relate back to
the original terms and conditions as given in the Employment Notice dated
13.10.2012."
Mr. S. Hazarika, learned counsel representing the review applicant,
vehemently and fervently contended that there was no justification whatsoever for
the Division Bench to have interfered with the judgment of the Tribunal because
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the clarificatory circular dated 18.03.2014 issued by the Railway Board, whereby
the certificate possessed by the review applicant was held to be not recognized,
was issued in the year 2014 whereas the advertisement was issued in the month of
October, 2012.
We feel that the said aspect of the matter has already been extensively dealt
with by the Division Bench while deciding the writ petition, WP(C) No.7411/2016.
In addition thereto, we may note that a Division Bench of Delhi High Court by the
judgment dated 27.04.2005 passed in WP(C) No.5396-98-2005 (Rajendra
Singh Negi & Ors. Vs. National Capital Territory ) has concluded long back
that a diploma/certificate issued from the Institute of Health and Hygiene,
Mahipalpur, Delhi is not a valid certificate as the course is neither recognized by the
Board of Technical Education nor by the AICTE.
Manifestly thus, the diploma/certificate held by the applicant was rightly
discarded by the authorities of N.F. Railway as not conforming to the requirements
of the advertisement.
The view taken by the Division Bench in accepting the writ petition, WP(C)
No.7411/2016, preferred by the N.F. Railway and reversing the judgment of the
CAT, does not suffer from any error apparent on the face of record so as to alter
the same in exercise of review jurisdiction.
Hence, the review application fails and is dismissed, as being devoid of merit.
JUDGE CHIEF JUSTICE
Comparing Assistant
