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2025 DAILYLAW 155234 (ALL)

SUBHASH KUMAR MEENA AND 3 OTHERS v. UNION OF INDIA THRU. SECY. MINISTRY OF RAILWAY RAIL BHAWAN DELHI AND 5 OTHERS

/7368/2025 · 2025-08-05

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Neutral Citation No. - 2025:AHC-LKO:45295-DB Court No. - 2 Case :- WRIT - C No. - 7368 of 2025 Petitioner :- Subhash Kumar Meena And 3 Others Respondent :- Union Of India Thru. Secy. Ministry Of Railway Rail Bhawan Delhi And 5 Others Counsel for Petitioner :- M.P. Raju Counsel for Respondent :- A.S.G.I. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard the learned counsel for the petitioners at some length and Shri Surya Bhan Pandey, learned Senior Advocate/ learned D.S.G. appearing on behalf of the respondent nos.1 & 2. 2. In view of the order proposed to be passed issuance of notice to the Opposite party nos.3 to 6 is dispensed with. 3. This petition has been filed by the petitioners for the following main prayers:- "i) To issue a writ, order or direction in the nature of Certiorari quashing the impugned Election notification dated 14.07.2025 issued by Opposite party nos.5 & 6 contained as Annexure no.1 to the writ petition. ii) To issue a writ, order or direction in the nature of Mandamus commanding and directing the Opposite parties to finalize the membership of the petitioners. iii) To issue a writ, order or direction in the nature of Mandamus commanding and directing the Opposite parties to decide the Representation of the petitioners dated 25.06.2025, contained as Annexure No.4 to the writ petition." 4. It has been submitted by the learned counsel for the petitioners that in Modern Railway Coach Factory, District Raebareli, there are 600 Scheduled Caste and Scheduled Tribes employees working on different posts who are fully eligible for Membership and voting rights, under the bye- laws of All India Scheduled Caste and Scheduled Tribes on Railway Employees Association, all such members belong to reserved category may become members of Association. 5. Paragraph-13 of such Bye-laws also provides for Election procedure. The Ministry of Railway has issued some directions on 29.03.2019 and the impugned Notification has been issued in violation of such directions of the Ministry of Railways. Hence, this petition has been filed. 6. Learned counsel appearing on behalf of the Respondent nos.1 and 2 has raised a preliminary objection regarding the maintainability of the petition and he says that the Notification has been issued for proposed Election by the Zonal Executive Committee of All India Scheduled Caste and Scheduled Tribes Railway Employees Association which does not fall within the definition of any other Authority and the writ petition is not maintainable. 7. We are convinced that the writ petition for the relief as claimed by the petitioners, is not maintainable, hence, it is dismissed. Order Date :- 5.8.2025 N.PAL Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench