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2025 DAILYLAW 190719 (ALL)

SHYAM KARAN AND 82 OTHERS v. UNION OF INDIA AND 3 OTHERS

SPLAD/192/2022 · 2025-10-09

Special Leave Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD SPECIAL APPEAL DEFECTIVE No. - 192 of 2022 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J. HON'BLE SIDDHARTH NANDAN, J. 1. Heard learned Sri Rishi Kant Rai, Advocate and Sri Vinod Kumar Rai, Advocate appearing for the appellants and Sri Rajesh Tripathi, Advocate appearing for the respondents. 2. By way of the present intra-court appeal, the appellants seek to challenge the judgment and order dated 27.04.2022 passed in Writ-A No.10797 of 2018 (Shyam Karan and 49 others vs. Union of India and others) along with other connected matters. 3. The appellants have filed an application for leave to appeal making a prayer permitting them to file the present special appeal jointly, though they had filed separate writ petitions, being Writ-A No.10797 of 2018 (Shyam Karan and others vs. Union of India and others), Writ-A No.13328 of 2018 (Sanjay Kumar and others vs. Union of India and others), Writ-A No.14292 of 2018 (Narayan Ji Mishra and others vs. Union of India and others), Writ-A No.15003 of 2018 (Raj Bahadur Yadav and others vs. Union of India and others), Writ-A No.15993 of 2018 (Shahabuddin and others vs. Union of India and others) and Writ-A No.18437 of 2018 (Mithilesh Kumar and others vs. Union of India and others). 4. Briefly, the facts of the case are that the advertisement dated 23.04.1995 was issued by the Eastern Railway for appointment and recruitment of Railway Protection Force and the appellants/petitioners Versus Counsel for Appellant(s) : Rajhans Singh, Rishi Kant Rai, Vinod Kumar Rai Counsel for Respondent(s) : A.S.G.I., Rajesh Tripathi Shyam Karan And 82 Others .....Appellant(s) Union Of India And 3 Others .....Respondent(s) alleged that they were selected candidates; however, the said selection was subsequently cancelled and the matter travelled up to the stage of Apex Court and the special leave petitions filed by the candidates were dismissed and the issue attained finality vide the judgement and order dated 10.01.2001, by specifically holding that there was material irregularity in the selection and the authorities have rightly cancelled the entire selection. 5. The appellants/petitioners have alleged that some proceedings were initiated against the Chairman of the Recruitment Board in relation to the said recruitment. The Chief Vigilance Commissioner has submitted some report. However, no final decision has been taken regarding the same; while in the year 2018 the Chairman Recruitment Board has been exonerated. It is in this backdrop, that the appellants/petitioners had preferred the writ petition before the learned Single Judge and after exchange of the pleadings, the impugned judgment and order dated 27.04.2022 has been passed. 6. The writ petition was filed with the following prayers: "I. Issue a Writ, Order or Direction in the nature of mandamus commanding the concerned respondent to provide the vigilance report to the to the petitioners about the Advertisement No.SC-30/65/5-E (Rect.) 1995 dated 23.04.1995 issued by the Eastern Railway for appointment and recruitment Railway Protection Force. II. Issue the Writ, Order or Direction is the nature of mandamus commending the concerned respondents to re-consider about Advertisement No.SC-30/65/5-E (Rect.) 1995 dated 23.04.1995 issued by the Eastern Railway for appointment and recruitment Railway Protection Force on the basis of vigilance report." 7. From the perusal of the prayer made in the writ petition, it is quite evident that the main relief sought by the appellants/petitioners was to reconsider their selection in pursuance of the advertisement dated 23.04.1995. 8. We are of the considered view that even if no action was finally taken on the administrative side against the Chairman of the Recruitment Board, the recruitment which was cancelled, and upheld up to the Supreme Court, cannot be re-opened nor any relief can be granted to the SPLAD No. 192 of 2022 2 appellants/petitioners on basis thereof. We are in complete agreement with the decision of the learned Single Judge and accordingly, decline any indulgence. 9. The special appeal is dismissed, however, no cost. October 10, 2025 S.Prakash SPLAD No. 192 of 2022 3 (Siddharth Nandan,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- SHASHI PRAKASH High Court of Judicature at Allahabad