Kottalanka Dileep Kumar vs Union Of India
2026 Latest Caselaw 12 Tel

Telangana High Court

Kottalanka Dileep Kumar vs Union Of India on 25 March, 2026

         IN THE HIGH COURT FOR THE STATE OF TELANGANA
                         AT HYDERABAD

     THE HON'BLE THE CHIEF JUSTICE SRI APARESH KUMAR SINGH
                              AND
             THE HON'BLE SRI JUSTICE G.M.MOHIUDDIN

                WRIT PETITION No. 32214 of 2023

                          DATED : 25.03.2026
Between:

Kottalanka Dileep Kumar
                                                                ... Petitioner
                                     AND

Union of India, Ministry of Skill Development,
rep. by its Director General of Training,
New Delhi and three others
                                                           ... Respondents

ORDER:

Sri V. Ramu, learned counsel appears for petitioner.

Sri N. Bhujanga Rao, learned Deputy Solicitor General

of India, appears for respondents.

2. The Centralized Employment Notification (CEN)

No.RRC-01 of 2019 dated 23.02.2019 (Ex.P.7) was issued by

Railway Recruitment Board for recruitment of Act

Apprentices in Railways for the candidates who have qualified

All India Trade Test (AITT)/National Council of Vocational

Training (NCVT) examination on or before 12.04.2019.

2 HCJ (AKrS, J) & GMM, J

3. The claim of the petitioner who had appeared and passed

the said exam before the cutoff date as per Clause 12.2 of the

notification was rejected by the impugned notice dated

28.04.2023. The endorsement in respect of his name at

Sl.No.211 is "AS PER PARA 12.2 of CEN, he has NOT

appeared in the NCVT examination before the last date for

registration of online application i.e., on or before

12.04.2019". The petitioner approached this Court thereafter

with a prayer to direct respondent No.2 to issue pass certificate

to him since according to him, he had passed AITT/NCVT

examination by December, 2018, itself. He sought quashing of

the notice dated 28.04.2023 as regards him and for release of

appointment letter to him under the Centralized Employment

Notification (CEN) No.RRC-01 of 2019 dated 23.02.2019.

4. The controversy surrounds around the question whether

the petitioner was eligible for the post under Group-D test

conducted by respondent No.3. The Coordinate Bench of this

Court vide order dated 21.11.2024 framed pivotal question to

be answered taking into account the documents, such as,

Annexures P.1, P.2, P.4 and P.6, filed by the petitioner 3 HCJ (AKrS, J) & GMM, J

cumulatively to show that the petitioner had qualified the test

in December, 2018. Ex.P.4 is the statement of marks for AITT

under ATS conducted by Director General of Training (DGT),

Ministry of Skill Development and Entrepreneurship (MSDE)

and Apprentice Training Scheme (ATS) for the exam held in

December, 2018, results of which were declared on

16.12.2019 and Mark sheet was generated on 26.05.2023. The

training period as per the said statement of marks is from

19.10.2016 to 18.10.2017. According to the petitioner, the

screenshots of the marks sheet on the website of the Ministry

at Annexures P.1 and P.2 are contradictory as Ex.P.1 shows

him failed in 2018 whereas Ex.P.2 shows him passed. Ex.P.6

is a statement of marks for the same exam held in December,

2021, showing the same period of training i.e., from

19.10.2016 to 18.10.2017 results of which were declared on

19.02.2022. This statement of marks shows that he has

qualified the exam with total 385 marks.

5. In view of the direction issued by the Coordinate Bench

of this Court vide order dated 21.11.2024, an additional

counter-affidavit was filed by respondent Nos.1 and 2. The 4 HCJ (AKrS, J) & GMM, J

relevant paragraphs which seek to explain the discrepancy

noted in the order dated 21.11.2024 are extracted hereunder:

"5. It is submitted that the certificates as claimed in Sl. No.1 of

the Table in para-6 of this I.A. 1 of 2024 and marked as P-3 or 23 is not a certificate. It appears to be a screen shot of a computer screen taken on 3/9/2019. As per the records available with this directorate (DGT), the marks obtained by the petitioner in the paper Trade Theory are 28 out of max. marks 100 in the Computer Based Test conducted in Dec 2018. The minimum marks required to pass in Trade Theory are 40 out of 100 i.e. 40%. The marks in the Sessional part of Trade Theory paper are 17 out of max. marks

20. The petitioner has produced a screenshot dated 24.04.2019 marked as page 24 of this I.A. In this screenshot dated 24.04.2019 the petitioner has obtained a total of 45 marks (28+17) in the Trade Theory Paper. The same has been corroborated in the marksheet issued by this directorate dated 16-Dec-2019 and produced by the petitioner as page marked as 26 of this I.A. It is further submitted that the marks obtained by other apprentices as appearing in the screenshot dated 3/9/2019 and marked as P-3 or 23 of this I.A. are matching with the records available with this directorate. Therefore, based on the submission in this para, the genuineness of the screenshot dated 3/9/2019 and marked as P-3 or 23 of this I.A. appears to be inconclusive. The petitioner Shri Kottalanka Dileep Kumar may be directed to submit the original screenshot dated 3/9/2019 and marked as P-3 or 23 of this I.A. for examination.

6. As per the letter no.B/ELS/TRS/55 dated 29.04.2019 issued from the Office of DRM, Electric Loco Shed, South Central Railway, the petitioner has been listed as ex-failed apprentice for appearing All India Trade Test to be held during May 2019, Page No.4 (FORMAT-4) of this letter dated 29.04.2019 may please be referred to. This letter is attached as Annexure R-1. This means 5 HCJ (AKrS, J) & GMM, J

that the petitioner had not cleared trade Theory examination in the previous AITT i.e. AITT 108 held in Dec 2018.

7. It is submitted that the petitioner has not furnished any evidence of him clearing the Trade Theory paper during AITT 108 held in Dec 2018. The genuineness of the screenshot dated 3/9/2019 and marked as P-3 or 23 of this I.A. appears to be inconclusive. The petitioner may be directed to submit the original screenshot dated 3/9/2019 and marked as P-3 or 23 of this I.A. for examination. Evaluated answer sheet of the petitioner for the Trade Theory paper is not available as the exam was held in Dec 2018. Submissions made in para-6 above may considered as sufficient enough to prove that the petitioner has not cleared the Trade Theory paper in the 108 AITT held in Dec 2018. It is further submitted the petitioner has never cleared the Trade Theory paper in the any of the AITT held so far.

8. It is submitted that the petitioner is eligible to get a pass certificate based on the application of provision contained in Ministry of Skill Development and Entrepreneurship (MSDE) O.M. No. MSDE-14(03)/2021-AP(PMU) dated 20th Dec, 2021 and effective from 1st Jan, 2022. This directorate is ready to issue a corrected pass certificate considering only the marks obtained in Trade Practical paper only. As per the records, the petitioner has secured 259 out of 300 marks in main Practical examination and 85 out of 100 marks in Sessional. It is worth mentioning here that the Practical paper consists of two components of main/external (300 marks) and sessional/internal (100 marks). The date of result of this marksheet would be 1st Jan 2022 the effective date of implementation of O.M. No.MSDE-14(03)/2021-AP(PMU) dated 20th Dec, 2021. All other marksheets and certificates issued shall be cancelled."

6. A reading of the aforesaid paragraphs indicates that the

respondents have failed to answer the discrepancy as regards 6 HCJ (AKrS, J) & GMM, J

Annexures P.4 and P.6. The explanation is confined to

Annexure P.3 or 23 of I.A. The petitioner also filed a reply

thereto on 08.04.2024 reiterating that he had secured pass

marks in three papers during May 2018 and in remaining one

paper during December, 2018, exam. The respondents have

denied the successful completion of the Act Apprenticeship

examination during December, 2018, without furnishing any

document to the contrary. The respondents should be directed

to furnish the evaluated answer sheets written by the petitioner

in December, 2018, AITT/NCVT examination. They are under

obligation to issue pass certificate exempting him from passing

Trade Theory Examination taking citation of OM No.

F.No.MSDE.I4(02)/2021 AP. (PMU) dated 25.01.2022.

7. We have heard the learned counsel for the parties in this

background of facts relevant for deciding the controversy

herein. It appears that discrepancy between Annexures P.1 and

P.2 remained despite filing of additional counter affidavit. But,

the perusal of the statement of marks at Annexure P.4 for the

exam held in December, 2018, results of which were declared

on 16.12.2018 removes any doubt that the petitioner had 7 HCJ (AKrS, J) & GMM, J

appeared in the Trade Practical and Sessional Papers and

qualified the exam. The discrepancy in Ex.P.1 and P.2 relates

to passing of the petitioner in trade theory paper the veracity of

these documents have not been explained in the additional

counter-affidavit filed by the respondents.

8. In these circumstances, this Court is of the view that the

rejection of the case of the petitioner on the ground that he had

not appeared in the exam by the cutoff date 12.04.2019 as per

Clause 12.2 of the notification is not correct. Therefore, the

impugned rejection order is set aside. The case of the

petitioner be considered in accordance with law of course,

subject to eligibility conditions and verification of the relevant

certificates. Needless to say, if the petitioner is otherwise

eligible, his candidature may be considered as against any

vacancies existing in the Department for the subject post

within a reasonable time. This exercise be completed within a

period of sixteen (16) weeks from the date of receipt of a copy

of this order.

8 HCJ (AKrS, J) & GMM, J

Accordingly, the instant Writ Petition is disposed of.

There shall be no order as to costs.

Miscellaneous applications, if any pending, shall stand

closed.

____________________________ APARESH KUMAR SINGH, CJ

_____________________ G.M.MOHIUDDIN, J 25th MARCH, 2026.

kvni