Rajeev Kumar v. Union Of India

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13931 of 2019 ====================================================== Rajeev Kumar Son of Surendra Prasad R/o Village-Mangrawan, P.S.- Wazirganj, District-Gaya, Bihar ... ... Petitioner/s

Versus

1.

Union of India 2.

Ministry of Railways through Chairman Railways Recruitment Board, at Delhi 3.

The General Manager Gauhati Zone 4.

The Chairman Railway Recruitment Board, Gauhati Zone 5.

The Chairman Railway Recruitment Board, Mahendru, Patna ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Radhe Shyam For the Respondent/s :

Mr. S. D. Sanjay ( Additional Solicitor General) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 15-07-2019 The petitioner seeks a direction to the respondents to consider his case on the ground that inadvertently he had filled up the wrong category for being considered for appointment on a Group-D post in the Railways.

It appears that while filling up the form online, the petitioner ticked the column for OBC (creamy layer) though in fact he belongs to OBC (non-creamy layer). The cut-off marks for the OBC (non-creamy layer) is 77 percent but the petitioner is being treated as OBC

Patna High Court CWJC No.13931 of 2019(2) dt.15-07-2019 2/3 (creamy layer). This is being done obviously on the petitioner filling up the form wrongly.

From the contents of the Centralized Employment Notice No. 2 of 2018, there does not appear to be any clause in such notice for rectification of the columns in the form which is to be filled by a candidate. Nonetheless, there ought to be some provision for rectification within a specified period of time.

Since the petitioner has not been able to clearly spell out as to under what provision can such rectification be made, this Court relegates the matter to the Chairman, Railway Recruitment Board, Guwahati (respondent No. 4). Should the petitioner file an application in that regard intimating the inadvertence in noting a wrong category and substantiate the same within a period of three weeks from today, the same shall be looked into by the Chairman,Railway Recruitment Board, Guwahati and necessary order be

Patna High Court CWJC No.13931 of 2019(2) dt.15-07-2019 3/3 passed in accordance with law within a further period of six weeks but definitely before the process of selection gets concluded.

With the aforesaid observation/direction, the writ petition stands disposed of.

(Ashutosh Kumar, J) Shageer/- U