Summary
The Supreme Court set aside directions exempting railway-project land oustees from the prescribed selection process. Preferential employment remained subject to the Railway Board’s conditions. It nevertheless ordered fresh consideration with help in verifying claims, a 15-year age relaxation and an exclusive written test for land oustees, while protecting existing recruits.
Issues
- Whether preferential employment for land oustees dispensed with the prescribed selection process.
- What relief should follow technical rejection of land-oustee applications.
Held
- The Board’s policy required qualifications and recruitment suitability. The Tribunal could not substitute its own policy by exempting land oustees from selection. (¶ 18–19)
- Rejection without sufficient opportunity to furnish proof was excessively technical. Railways must coordinate with the local administration to verify claims rather than place the whole evidentiary burden on displaced applicants. (¶ 21–23)
- Fresh applications must be invited with local publicity within three months; reconsideration would extend to 82 vacancies, other existing Sambalpur Division vacancies and those arising over the next two years. Selection was to finish within the next six months. (¶ 23)
- Applicants received 15 years’ age relaxation, but had to satisfy other conditions including minimum age, education, medical fitness and an exclusive written test. Other land oustees also merited consideration; existing direct recruits would not be displaced. (¶ 24)
Result
Appeals allowed; High Court and Tribunal judgments set aside, with fresh-application, verification and selection directions. Impleadment/intervention applications allowed. No order as to costs.