High Court of Judicature at Allahabad
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Ram Shanker Yadav v. Union Of India And Others - WRIT - A No. 7099 of 2007  RD-AH 2367 (13 February 2007)
Hon. Dr. B.S. Chauhan, J.
Hon. Dilip Gupta, J.
This writ petition has been filed for quashing the judgment and order of the Central Administrative Tribunal, Allahabad Bench Allahabad by which the Original Application filed by the petitioner for promoting him to the post of Senior Clerk has been dismissed.
The petitioner was initially appointed as Clerk in the Railways. He sought promotion to the post of Senior Clerk. The Rules require that for this promotion the candidate has to clear the suitability test. The petitioner appeared at the suitability test but could not clear it in the year 1983. He filed the Original Application before the Tribunal contending that he should be promoted without holding a suitability test. The Tribunal has dismissed the Original Application holding that there is no provision for exemption of a candidate from appearing at the suitability test.
Learned counsel for the petitioner has not been able to point out any provision under the Rules which empowers the Railways to exempt a particular candidate from appearing at the suitability test for promotion to the post of Senior Clerk. In such circumstances, the judgment of the Tribunal does not suffer from any infirmity.
Learned counsel for the petitioner then submitted that he may now be permitted to appear in the suitability test. If the Rules so permit and the petitioner submits an application for the said purpose, we have no reason to doubt that the Railways will permit the petitioner to appear at the suitability test examination.
Subject to the observations made above, the writ petition is dismissed.
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