Deepak Gupta JUDGMENT
Deepak Gupta, J.
1. Three original applications being O.A. No. 238 of 2004, O.A. No. 264 of 2004 and O.A. No. 365 of 2004 were filed before the Jodhpur Bench of the Central Administrative Tribunal (for short 'the Tribunal'). There were in all 14 original applicants. The dispute raised in these original applications was that in the Bikaner Division of the Railways, the Divisional Manager, while issuing advertisement for filling up the posts of 'fresh face substitutes' in Group-D in Bikaner Division, had directed that only those candidates who had done their apprenticeship training with the Railways would be eligible for appointment. The contention of the original applicants was that this was violative of the directions given by the Railways and while making similar recruitments in all other parts of the country, though preference was given to those who had done there apprenticeship with the Railways, the selection was not exclusively limited to such candidates and all persons who were otherwise qualified, were entitled to apply for being selected. These original applications were filed before selection was made and after the selection process had been initiated.
2. The stand of the Railways before the Tribunal was that fresh face substitutes are engaged only as a time gap arrangement purely as a temporary measure till regular selection takes place and, therefore, the Railways was well within its jurisdiction to limit the source of recruitment to candidates who had undergone apprenticeship with the Railways. The main issue raised was that since only casual labourers were being engaged, keeping in view the local needs, preference was given to local candidates.
3. Admittedly, the 14 original applicants were course completed act apprentices, i.e. they fulfilled the eligibility criteria. However, their applications were not considered since they had not undergone apprenticeship training under the Railways. The Tribunal found that the Railways had issued instructions from time to time and the term "fresh face substitutes" referred to "engagement of persons in railway establishment against posts falling vacant because of regular employee being absent or otherwise and the post could not be kept vacant". However, instructions had been issued that these engagements should be made by way of exception purely on temporary basis limited to the posts which cannot be kept vacant until regular posts are filled. The fact, however, remains that thousands of persons were given appointment as fresh face substitutes.
4. The Circular dated 21st June, 2004 provides that fresh face substitutes can be engaged from course completed act apprentices. These instructions do not envisage that the course completed act apprentices should have done their apprenticeship only under the Railways establishments. No Rule or instructions of the Railways have been brought on record to show that the Railways had taken a decision to limit the field of choice to those course completed act apprentices who had done their apprenticeship training with the Railway establishments only. It was only in the Bikaner Division that the General Manager issued a memo on 30th August, 2004 that only those candidates would be considered who had completed the apprenticeship training with the Railways. The Tribun........