Page No.# 1/4 GAHC010172782024 2025:GAU-AS:6194- DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/5116/2024 GIRISH KUMAR AND 2 ORS S/O- SHRI RAJ KUMAR SHARMA, R/O- KAUSHAL NAGAR, WARD NO. 22, BANDIKUI, DIST.- DANSA, RAJASTHAN- 3033113. 2: BIMAL KUMAR S/O- SHRI RAM SEVAK MEHTA R/O- VILL. JHIKTIA DIST.- KATIHAR BIHAR- 854104. 3: JAGMOHAN DAGUR S/O- SHRI SIYA RAM R/O- VILL. CHINAYATA HINDAUM CITY DIST.- KARAULI RAJASTHAN- 322236 VERSUS THE UNION OF INDIA AND 2 ORS REPRESENTED BY SECRETARY, RAILWAY BOARD, MINISTRY OF RAILWAYS, GOVERNMENT OF INDIA, NEW DELHI- 110006. 2:THE GENERAL MANAGER N.F. RAILWAYS MALIGAON GUWAHATI- 781011. Page No.# 2/4 3:THE RAILWAY RECRUITMENT BOARD SILIGURI REPRESENTED BY ITS CHAIRMAN D.B.C. ROAD SILIGURI TOWN WEST BENGAL- 734004 Advocate for the Petitioner : M AHMED, MR. M HASSAN,MR B SHARMA,MR S SHARMA,N. UDDIN Advocate for the Respondent : DY.S.G.I., MR. R K D CHOUDHURY ( DEPUTY SOLICITOR GENERAL OF INDIA) BEFORE HONOURABLE THE CHIEF JUSTICE HONOURABLE MR. JUSTICE KARDAK ETE ORDER Date : 19-05-2025 (Vijay Bishnoi, CJ) This writ petition is filed by the petitioners being aggrieved with the order dated 04th of June, 2024, passed by the Central Administrative Tribunal, Guwahati Bench in Original Application (OA) No.040/36/2021, whereby the OA filed on behalf of the petitioners has been dismissed. The brief facts of the case are that the petitioners have applied for selection and appointment on the post of Technician Grade III (Motor Vehicle Driver cum Mechanic), pursuant to the recruitment notification dated 03.02.2018. It is not in dispute that the last date for applying, pursuant to the aforesaid recruitment notification was 01.10.2018. As per the notification No.1/2018, issued by the NF Railways, for the Page No.# 3/4 purpose of selection and appointment on the post of Technician Grade III (Motor Vehicle Driver cum Mechanic), a candidate should have possessed a valid Driving License for driving light duty and heavy duty vehicles, apart from the educational qualifications. Admittedly the petitioners were meeting the requirement of educational qualifications but they are only in possession of a Driving License for driving light duty vehicle and are not in possession of a Driving License for driving heavy duty vehicles on the last date of submission of application, pursuant to the recruitment notification in question. The respondents have rejected the candidature of the petitioners for the reason that they were not possessing the requisite qualification i.e. valid Driving License for driving light duty as well as heavy duty vehicles. The learned Tribunal, while taking into consideration the above facts and circumstances of the case has dismissed the OA, filed on behalf of the petitioners. During the course of argument, learned counsel for the petitioners has frankly admitted that the petitioners though were not in possession of the Driving License for driving heavy duty vehicles, as on the last date of submission of application of the recruitment notice in question but later on, in the year 2020, they acquired the said Driving License for driving heavy duty vehicles. Learned counsel for the petitioners has also submitted that the Western Railways has appointed one Rohit Kumar in the year 2020, on the post of Motor Vehicle Driver cum Mechanic, who was also not possessing the heavy duty vehicle license. However, in support of the said contention, no copy of the recruitment notification pursuant to which said Rohit Kumar was appointed and Page No.# 4/4 no other details have been provided. Learned counsel for the petitioners has also placed reliance on the decisions of the Hon’ble Supreme Court rendered in: (i) G.C. Ghosh vs. Union of India, reported in [(1991) Supp SCC 497. (ii) Ramana Dayaram Shetty vs. International Airport Authority of India and others, reported in AIR 1979 SC 1628. (iii) Zaid Sheikh vs. State of Madhya Pradesh reported in 2025 STPL 3472 SC. However, we are of the view that the same have no applicability in the present case because those cases belongs to admission in the degree course, in relation to issuance of tenders for running a restaurant at International Airport, Bombay and in relation to appointment in the Western Railways, on the basis of an order passed by the Allahabad High Court, which had attained finality. In such circumstances, we do not find any merit in this writ petition. The same is therefore dismissed. JUDGE CHIEF JUSTICE Comparing Assistant