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2025 DAILYLAW 32291 (RAJ)

ROHAN GUPTA S/O LATE SHRI MUKESH GUPTA v. UNION OF INDIA

CW/16746/2024 · 2025-08-20

Bhuwan Goyal, Inderjeet Singh

Transfer Petitionbody2025

Judgment text

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[2025:RJ-JP:32734-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Writ Petition No. 16746/2024 Rohan Gupta S/o Late Shri Mukesh Gupta, Aged About 33 Years, R/o. 663(1)/7, Opp. Ganesh Mandir, Agra Gate, Ajmer (Raj). ----Petitioner Versus 1. Union Of India, Through The Secretary, Railway Board, Rail Bhawan, Rafi Marg, New Delhi. 2. General Manager North Western Railway, Nwr Headquarters, Near Jawahar Circle, Jagatpura, Jaipur. 3. Dy. General Manager (Vigilance), North Western Railway, Nwr Headquarters, Near Jawahar Circle, Jagatpura, Jaipur. 4. Railway Recruitment Board, Ajmer, Through Its Secretary, 2010, Nehru Marg, Ambedkar Circle, Ajmer. ----Respondents For Petitioner(s) : Ms. Surbhi Khandelwal For Respondent(s) : Mr. V.P. Mathur HON'BLE MR. JUSTICE INDERJEET SINGH HON'BLE MR. JUSTICE BHUWAN GOYAL Order 20/08/2025 This appeal has been filed by the appellant against the order dated 10.09.2024 passed by the Central Administrative Tribunal Bench at Jaipur (hereinafter to be referred as “Tribunal”). Brief facts of the case are that the respondents issued an advertisement for the post of Senior Section Engineer on 10.03.2012 and the petitioner applied for the said post and the result of the said examination was declared and extra-list was also prepared by the Department on 19.02.2013. Admittedly, the validity of the said extra-list was for a period of one year i.e. upto 19.02.2014. Admittedly, the petitioner has filed the original application before the learned Tribunal in the month of January, 2015, even after lapse of one year from the expiry of the extra-list. [2025:RJ-JP:32734-DB] (2 of 3) [CW-16746/2024] We have heard learned counsel for the parties and perused the record. We have considered the observations made by the learned Tribunal in para No.18 of its judgment, which reads as under:- “18. In the conspectus of the foregoing and as per the analysis and observations made above in light of the relevant facts as well as the principles of law in this regard, the Applicant had failed to prove that the procedure followed by the respondents was arbitrary or malafide or that it had suffered from any infirmity or illegality; or that the Applicant had an indefeasible right towards appointment in the post of SSE(PW/B) in the NWR on the basis of his participation in the recruitment process conducted in pursuance of the CEN No.01/2012 dated 09.03.2012, merely because his name had been included in the Extra List dated 19.02.2013 that itself was not in the order of merit; or that any right whatsoever had survived beyond the period of one year from the date of Main panel dated 22.03.2013 and when a subsequent process for recruitment through another CEN No.02/2014 dated 20.09.2014 had also been undertaken separately.” We are in complete agreement with the view taken by learned Tribunal in dismissing the original application filed on behalf of the petitioner, considering the fact that the advertisement in question relates to the year 2012 and more than [2025:RJ-JP:32734-DB] (3 of 3) [CW-16746/2024] 10 years passed, the petitioner filed the original application before the learned Tribunal after one year of the expiry of extra-list. In that view of the matter, no case is made out for interference by this Court, hence, the present appeal stands dismissed. (BHUWAN GOYAL),J (INDERJEET SINGH),J Upendra Pratap Singh /102