Case Note & Summary
The petitioner, Furquan Akram, an educated unemployed individual, challenged an advertisement dated 11.08.2015 issued by the South Central Railway for appointment of facilitators to operate Automatic Ticket Vending Machines (ATVMs) at seventeen railway stations in Nanded Division. The advertisement restricted applications to retired employees of South Central Railway aged up to 65 years. The petitioner had previously been a Jan Sadharan Ticket Booking Sevak (JTBS) under an agreement from 28.04.2009, but his JTBS became inoperative since 15.11.2015 due to road construction work damaging BSNL lease lines. He argued that the condition excluding others like him was arbitrary, discriminatory, and violative of Article 14 of the Constitution. The respondents contended that the condition was based on administrative convenience, as retired employees are familiar with railway procedures and can ensure smooth operation. The court, relying on the principle of reasonable classification under Article 14, held that the classification of retired employees is based on an intelligible differentia (their familiarity with railway working) and has a rational nexus with the object of efficient operation of ATVMs. The court noted that the petitioner has no fundamental right to be considered for contractual appointment, and the employer is entitled to prescribe eligibility conditions. The petition was dismissed, and the rule was discharged.
Headnote
A) Constitutional Law - Article 14 - Reasonable Classification - Condition restricting appointment to retired railway employees for ATVM facilitator posts - Held that the classification is based on intelligible differentia and has rational nexus with the object of ensuring smooth and efficient operation of ATVMs, as retired employees are familiar with railway working. The condition is not arbitrary or discriminatory. (Paras 5-7)
B) Service Law - Contractual Appointment - Tender Condition - Challenge to eligibility criteria - Held that the petitioner has no fundamental right to be considered for contractual appointment, and the employer is entitled to prescribe reasonable eligibility conditions. The court cannot substitute its own wisdom. (Paras 5-7)
Issue of Consideration
Whether the condition in the advertisement restricting applications for the post of facilitator to retired employees of South Central Railway is arbitrary, discriminatory, and violative of Article 14 of the Constitution of India.
Final Decision
The writ petition is dismissed. Rule discharged. No costs.
Law Points
- Article 14 of the Constitution of India
- Reasonable Classification
- Administrative Convenience
- Contractual Appointment
Case Details
2016 LawText (BOM) (09) 11
WRIT PETITION NO. 9189 OF 2015
S. V. Gangapurwala, K. L. Wadane
Shri G. R. Syed for Petitioner, Shri S. B. Deshpande, Asstt. Solicitor General for Respondents
Furquan Akram S/o Gulam Irfani
The Union of India, General Manager, South Central Zone, Chief Commercial Manager, South Central Zone, Senior Divisional Commercial Manager, South Central Zone, Nanded Division
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Nature of Litigation
Writ petition challenging a condition in an advertisement for appointment of facilitators to operate ATVMs, which restricted applications to retired railway employees.
Remedy Sought
The petitioner sought quashing of the condition in the advertisement dated 11.08.2015 that restricted applications to retired employees of South Central Railway, and sought direction to consider his application.
Filing Reason
The petitioner, an educated unemployed individual who previously operated a JTBS, was rendered jobless due to road construction damaging BSNL lines, and was aggrieved by the advertisement excluding him from applying for the facilitator post.
Issues
Whether the condition in the advertisement restricting applications to retired railway employees is arbitrary and violative of Article 14 of the Constitution of India.
Submissions/Arguments
Petitioner argued that the condition is discriminatory and arbitrary, as it excludes other eligible candidates like him, and relied on Reliance Energy Limited case.
Respondents argued that the condition is based on administrative convenience, as retired employees are familiar with railway working and can ensure smooth operation of ATVMs.
Ratio Decidendi
The classification of retired railway employees for appointment as ATVM facilitators is based on an intelligible differentia (familiarity with railway working) and has a rational nexus with the object of efficient operation. The condition is not arbitrary or discriminatory under Article 14. The employer is entitled to prescribe reasonable eligibility conditions for contractual appointments.
Judgment Excerpts
The petitioner assails the condition in advertisement dated 11.08.2015, whereby applications are invited only from the retired employees of SouthCentral Railway aged upto 65 years for appointment as facilitator...
The learned counsel submits that, the advertisement dated 18.08.2015 inviting applications only from retired railway employees of SouthCentral railway to operate the ATVMs and to issue unreserved railway ticket is discriminatory, arbitrary and violative of Article 14 of the Constitution of India.
The classification of retired employees is based on intelligible differentia and has rational nexus with the object sought to be achieved.
Procedural History
The petitioner filed a writ petition in the High Court of Judicature at Bombay Bench at Aurangabad challenging the advertisement condition. The court heard the matter and delivered judgment on 21st September 2016.
Acts & Sections
- Constitution of India: Article 14
