RBE No. 154/2007: Selection – Viva-voce test – ACS No.196 to Para 219 of IREM

No.E(NG)I-2007/PM1/10 New Delhi, dated 26.11.2007

Sub: Selection for promotion to the posts classified as ‘Selection’ – Determination of eligibility for calling the candidates in viva-voce test.

1. In terms of Note(ii) below Para 219(g) of IREM, Vol-I, 1989 based on instructions contained in this Ministry’s letter No.E(NG)I-83/PM1/65 (PNM/NFIR), dated 05.12.1984, in cases of selection for promotion to the posts classified as ‘Selection’ where viva-voce has to be conducted besides written test as part of selection process, 60% of the total marks prescribed for written examination and for seniority will also be the basis for calling candidates for viva-voce test instead of 60% of the marks for the written examination only; marks for seniority being awarded on notional basis.

2. The above provision has been struck down by various Tribunals and High Courts in their judgments in various OAs and Writ Petitions, namely, OA Nos.867/89, 64/90, 154/95 before CAT/Jabalpur, 1185/96 & 217/2004 before CAT/Mumbai and Writ Petition No.2607/2001 before High Court/Mumbai, declaring it discriminatory and arbitrary. The two Special Leave Petitions filed before Hon’ble Supreme Court against CAT/Jabalpur’s directions in OA Nos.867/89 & 64/90 and 154/95 have also been dismissed. CAT/Mumbai in their orders dated 21.10.2004 in OA No.217/2004 have specifically asked the authorities concerned to issue necessary instructions pursuant to judgments referred to above. Accordingly the matter has been carefully considered by the Board and it has been decided that the instructions contained in this Ministry’s letter dated 05.12.1984 may be withdrawn.

3. These instructions will be applicable in respect of selections notified on and after the date of issue of this letter.

4. Accordingly, the Indian Railway Establishment Manual, Volume I, 1989 is also amended as per ACS No.196 enclosed.

Please acknowledge receipt.

Advance Correction Slip No.196

Indian Railway Establishment Manual, Volume-I

(1989 Edition)

Chapter II, Section ‘B’: Rules governing the promotion of Group ‘C’ staff:-

“In the Note (ii) below Para 219(g) delete the last two sentences starting from word “Provided” and ending at word “aggregate”.”

[Authority: Railway Board’s letter No.E(NG)I-2007/PM1/10, dated 26.11.2007 (RBE No. 154/2007) (ACS No.196)]

Download Railway Board Circular RBE No. 154/2007

Forward reference ⇒ RBE No.