BE/BTech Allowed For SSC IMD 2017 - Judgement by CAT

1 OA 1443/18
CENTRAL ADMINISTRATIVE TRIBUNAL

PRINCIPAL BENCH
O.A.NO.1443 OF 2018
New Delhi, this the day of May, 2018
CORAM:
HON’BLE SHRI RAJ VIR SHARMA, JUDICIAL MEMBER
AND
HON’BLE MS. PRAVEEN MAHAJAN, ADMINISTRATIVE MEMBER
…………….
1. Saurabh Kumar,
Aged About 28 Years,
S/o Gopal Prasad Avasta,
R/o 1-232, Amita Sadan, Bargadwa,
Gorakhpur, UP-273007
2. Abhishek Singh
S/o Ram Singh,
R/o A-1009, H.A.L Township
Korwa, Amethi, UP-227412
3. Brijesh Kumar
Age about 28 years,
S/o Hemraj Rao,
R/o VPO-Kasani, Teh-Chirawa,
District-Jhunjhunu, Rajasthan-333029
4. Jagpal Singh
Age about 33 years,
S/o Biram Pal Singh,
R/o Village-Talheri Khurd,
PO-Deoband, Saharanpur, UP-247554
5. Bhoopendra Singh Patel

Aged About 27 years,
S/o Ram Jiyawan Patel,
R/o Village – PatupurDohari,
Post-Bikapur, District-Faizabad, UP 224204
6. Bhargava Thakkellapati
Age about 28 years,
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S/o T.Venkateshwrlu,
R/o D.No. 7-157, Adigoppula,
Guntur, Andhra Pradesh-522612
7. Abhishek
Age about 30 years,
S/o Indu Kumar Sharma,
R/o Village-Bhadwa, Post-Itasang, P.S.-Rahui,
District-Nalanda, Bihar-803119
8. Shilpa
Age about 27 years,
D/o Satbir Singh,
R/o 180, First floor, Pocket A-3,
Sector-7, Rohini, New Delhi-110085
9. Abhishek Singh
S/o Mahendra Singh,
R/o 81/15, Yadav Market, Barra-2
Kanpur, UP-208027
10. Sushant Kumar

Age about 30 years,
S/o Hari Prasad Singh,
R/o Village-Nirpur, Post- Bariarpur,
Munger, Bihar-811211
11. Kartikey Dutta

Age about 22 years,
S/o Sushil Dutta,
R/o Shanti Sadan, Kayasthpada,
Dholpur, Rajasthan-328001
12. Atul Kumar

Age about 27 years,
S/o HareKrishna Baranwal
R/o Village-Kharkuwan, Post-Bhojpur,
P.S.-Devipur
Deoghar, Jharkhand
13. Vinay
Age about 28 years,
S/o Virendra Singh,
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R/o H.No. 1087, Sector-I,

Rohtak, Haryana-124001
14. Piyush Gyan Jha

Age about 28 years,
S/o Suresh Chandra jha,
R/o Road No.3, Sector-5, Magistrate Colony,
Patna, Bihar-800025
15. Ashok Kumar Saini

Age about 23 years,
S/o HajariLal Saini,
R/o Village-Binderwara, Post-Sikandra,
District-Dausa, Rajasthan-303326
16. Abhilash Kumar Patel

Age about 27 years,
S/o Ram Pratap Patel,
R/o Village+Post-Hirdenagar,
District-Mandla, MP-48166
17. Pankaj Kumar Meena

Age about 25 years,
S/o KalyanSahai Meena,
R/o C-20, Vasudevnagar,
Dausa, Rajasthan-303303
18. Varma Satyaprakash Munnalal

Age about 27 years,
S/o Munnalal Verma,
R/o Village-Dighwal, Post-Sarwatkhani,
District-Bhadohi, UP-221314
19. Rohit Kumar

Age about 26 yeras,
S/o K.N. Prasad,
R/o New Colony, Tilatand,
Katrasgarh, Jharkhand-828114
20. Raghib Akhter

Age about 23 years,
S/o Sajid Alam,
R/o Village-Sontha, Perwan Toli,
Post-Sontha,
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District-Kisanganj, Bihar-855115
21. Aakash Kumar

Age About 26 years,
S/o Sanjay Kumar,
r/o House No.66/6, Chota Bajar, Meham,
District-Rohtak, Haryana-124112
22. Mahboob Ali

Age about 23 years,
S/o Sharif Ahmad,
R/o Village-Said, Nagli,
Amroha, UP-244242
23. Abhijeet
Age about 22 years,
S/o Rajiv Sharma,
R/o House No.528, Huda Sector-13,
Bhiwani, Haryana-127021
24. Ashutosh
Age about 24 years,
S/o Raj Narain Yadav,
R/o House No.24-4, Kharaiya, Pokhra,
Basaratpur, UP
25. Amit Kumar Mittal

Age about 25 years,
S/o Mohan Lal Mittal,
R/o House No.33A, Extension 2,
Near PC Kaushik, Ex-MLA gali
Nangloi, New Delhi-110041
26. Surendra Pratap Yadav

Age about 29 years,
S/o Rajaram Yadav,
R/o Village-Mallupur, Post-Gonauli,
Jaunpur, UP-222175
27. Aakib Hussain Dugga

Age about 27 years,
S/o Sawlath Hussain Dugga,
R/o SarnalBala, K.P. Road,
Anantnag, J&K
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28. Priyanka Juyal

Age about 23 years,
D/o Nagendra Sharma Juyal,
R/o 110. Sector-14, SiddharthNiketan,
Kaushambhi, Ghaziabad
29. Amit Kumar

Age about 29 years,
S/o Devendra Prasad Singh,
R/o Village-KhoriPakar, Govind, Post-Amnour
District-Saran, Bihar-841401
30. Praveen Kumar Sharma

Age about 25 years,
S/o Mali Ram Sharma,
R/o Plot No.16, Balaji Vihar 21,
Near Devdhara Colony, Murlipura Scheme
Jaipur, Rajasthan
31. Jaikaran
Age about 29 years,
S/o Motilal Thakur,
R/o Village & Post-Banuri, Tehsil-Palampur,
District-Kangra, H.P.
32. Rimmy Aggarwal

Age about 25 years,
D/o Ram dhari Bansal,
R/o 1179, Sector-80,
Mohali, Punjab
33. Abhinav
Age about 26 years,
S/o P.C. Jangla,
R/o 100 United India apartment,
Mayur Viha, Phase-I Extesnion
New Delhi-110091
34. Anurag Yadav

Age about 23 years,
S/o Sarvendra Singh,
R/o Village-Mirzapur Sai, Post-Nidhauli Khurd
District-Etah, U.P. -207001
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35. Pawan Kumar

Age about 29 years,
S/o Ram Panni Singh,
R/o Mainpura, Danapur Cantt
Patna, Bihar-801503
36. Suthirtho Boral

Age about 25 years,
S/o Supriyo Boral,
R/o North Shaktigarh, Birati
Kolkata, West Bengal-700051
37. Vishal Kumar

Age about 26 years,
S/o Arvind Chaudhary,
R/o Village-Bhawanipur, Durnia
Bihar-854204
38. Amit Kumar Chandel

Age about 29 years
S/o Kalaka Prasad Chandel,
R/o Plot No.16, Balaji Vihar 21,
Near Devdhara colony, Murlipura Scheme
Jalaun, U.P.
39. Prashant Meena

Age about 27 years,
S/o Ram Charan Meena,
R/o Jhalawar
Rajasthan
40. Abiram Kumar

Age about 31 years,
S/o Ram Swaroop Prasad,
R/o New Colony,
Gaya, Bihar
41. Nitesh Kuma Yadav

Age about 26 years,
S/o Puneet Yadav,
R/o Karmik Nagar Saraidhela,
Dhanbad, Jharkhand
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42. Vishal Mandaiya

Age about 27 years,
S/o Mohan Lal Mandaiya,
R/o R2F -772/16, Gali no. 13, Rajnagar,
Part-2, Palam Colony
New Delhi.
43. Mahesh Prasad

Age about 25 years,
S/o Jagdamba Prasad Dobhal,
R/o H.no.12, Village – Ghengadegaon (Selur),
Post – Kandikal,
Tehri, Uttarakhand
44. Deepanshu Sharma

Age about 25 years,
S/o Prem Prakash Sharma,
R/o B-273, Sector-I, Avantika
Rohini, New Delhi-110085
45. Ashutosh Jha

Age about 26 years,
S/o Narendra Nath Jha,
R/oo WZ- 745-F, Palam Village
New Delhi-110045
46. Nilesh Kumar

Age about 23 years,
S/o Umashankar Chourasia,
R/o Plot No.1-D, Vikas Nagar, Phase-2
Uttam Nagar, New Delhi-110059
47. Abhishek Kumar Meena

Age about 28 years,
S/o Kishor Kumar,
R/o 71, Sadar Bazar Cantt,
Faizabad, U.P. -224001
48. Satish Kumar,

Age about 26 years,
S/o Chintu ram,
R/o Village & Post Kasba, Nonera,
Tehsil – Shahabad,
District – Baran, Rajasthan
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49. Bicky Kumar

Aged about 25 years,
S/o Sh. Rinku Kumar,
R/o Village – Jakarpura, Suryagarh,
Lakhisarai, Bihar – 811106
50. Gaurav Kumar

S/o Sh. Padam Singh,
R/o P-32/33A, Chanakya Place part-2
New Delhi-110059.
51. Sandeep Kumar Gaurav

S/o Bheekamber Singh
R/o 1/450 Ambedkar Colony
Near Big Idol, Naurangabad
Chhawani, Aligarh
52. Abhijeet Chaudhary

S/o Satendra Singh
R/o Village : Bahadurpur, PO-Sathla
Tehsil-Mawana, Meerut (U.P.)
250402
53. Narendra Kumar

S/o Gopal Yadav
R/o Village : Arabaria Naiyadih
P.S. Sono, Jamui
Bihar-811314
54. Pankaj Kumar

S/o Rajanand Prasad Singh
R/o Village – Luthfalichak
Post- PS. Nalanda,
Bihar-803111
55. Ashwini Kumar Prasad

Aged about 28 years
S/o Subhash Chandra
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R/o 748 L Sarvodya Nagar Bichhiya Post-PAC

Camp, Gorakhpur, UP -273014
56. Pawanjeet
S/o Lumbraj Singh Chauhan
R/o Ashapura Public School
Chandravardai Nagar
Ajmer, Rajasthan 305003
57. Ayush Srivastava

S/o Kuldeep Srivastava
R/o 2/L/338 Indra Gandhi Nagar
Jagatpura, Jaipur-302017
58. Naresh KumarBaghel

S/o Murari lal
R/o Nai Ki Sarai, Jalesar Road, Tedi Baghiya
Agra -282006
59. Vikash Kumar

S/o Om Prakash Gupta
R/o Prakash bhawan, Dhibra par, Jehanabad
Bihar 804408
60. Ankur Garg

S/o Devender Garg
R/o 216/6 Gandhi Nagar Rewari,
Haryana 123401
61. Amit Kumar Dixit

S/o Subhash Chanda
R/o D/43- A, ST No.5,
West Jyoti Nagar, Delhi-110094
62. Navendu Kumar

Aged about 25 years
S/o Santosh Kumar Srivastava
R/o Ward no.23, Pandey Tola, Narkatiyaganj
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West champaran, Bihar 845455
63. Rajat Kaushik

S/o Ajay Kaushik
R/o 11/61 Kaushik Bhawan, Street no.8
West Azadnagar, New Delhi 1100051
64. Harshit Goel

S/o Ashok Kumar Agarwal
R/o Arihant Nagar, Phase 2, Singhpur
Sarnath Varanasi, U.P. 221007
65. Shailendra kumar Sharma

S/o Ram mohansharma
R/o Mela ground, Mahwa,
Dausa, Rajasthan -321608
66. Ashish Yadav

S/o Yog Raj Yadav
R/o 1266 FF sector 22-B,
Chandigarh -160022
67. Tanveer Hussain Parray

S/o Mohd. Ishaq Parray
R/o Gund Hassi Bhat, Srinagar
J&K- 190017
68. Ravikesh Meena

S/o Ramhans Meena,
R/o Ganesh Nagar, Agra Road, Dausa
Rajasthan -303303
69. Poonam Bala

D/o Raghubir Singh
R/o VPO-Bass Badshapur, Tehsil-Hansi
Hisar, Haryana 125042
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70. Madhu Sharma

D/o Ramesh Chand Sharma
R/o A-62 Varun Vihar, Paldi Meena
Jaipur, Rajasthan
71. Nitesh chandel

S/o Kuldeep Singh
R/o Vill – Daboh, PO-Bagwara
Tehsil – Tauni Devi
Hamirpur, Himachal Pradesh 177021
72. Bharat Kumar Patel

S/o Mool Chand Patel
r/o Vill- Kotra, PO-Jetawara, Tehsil-Reodar
Sirohi Rajasthan
73. Mantosh Singh

S/o R.V Singh
R/o Ratitalai, Banswara (Rajasthan)
74. Amit Jaiswal

Aged about 26 years
S/o O.P. Jaiswal
R/o Mankapur, Gonda (UP)
75. Neha Kapoor,

D/o Rajive Kapoor
R/o 3, Jnanendra Avenue, Uttarpara
Hooghly, West Bengal 712258
76. Vishnu yadav

S/o Thakurdeen Yadav
R/o Vill – Modaha, Dakshin,
Faizabad, U.P. – 224001
77. Nadeem Danish

S/o Md. Maroof
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R/o Paharpur, Simri, Bakhtiarpur

Saharsa, Bihar
78. Prabhat Kumar

S/o Jai Kishor Tiwari
R/o Shakti Nagar, Thana –Muffasil,
Saran, Bihar 841301
79. Varun Gupta

S/o Swami Nath Gupta
R/o 139/1 A Bhulai Ka Pura, Govindpur,
Allahabad, U.P. -211004
80. Mamatha
D/o P.Eswara Reddy
r/o 20-238-1 B Yaleru, Brahmana
Anantapur, Andhra Pradesh 515002
81. Yogendra Singh

S/o Sri. Mahendra Singh
R/o 8/117 1/6, New Lawyers Colony,
Dayalbagh
Agra, UP -282005
82. Prashant Sharma

S/o Hari Shankar Sharma
R/o 14/228 M P Colony, Bikaner,
Rajasthan 374004
83. Alok Kumar

S/o Ashok Kumar
R/o Village – kuwan Devchand, Patti,
Kandharapur, Azamgarh, U.P.
84. Naveen Kumar Kumbhare

S/o Prabhakar Kumbhare
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R/o Arvi Road, Panchavatinagar

Pipri, Wardha, Maharashtra
85. Akshay Kumbhore

Aged about 25 years
S/o Meghram Kumbhare
R/o Near Vitthalrukhmini Mandir,
Paunibhandara, Maharashtra
86. Shilpa singh

D/o K B Singh
R/o 875 1-2 block, Gaur Grandeur,
Sector 119, Noida
87. Umag Dangi

D/o Gyan Swarup Dangi
R/o 11, DR M.N. Ghosh Road, Raniganj,
Pin – 713347, District-Paschim Bardhaman,
West Bengal
88. V. Venkata Pradeep Kumar

S/o Nageswara Rao,
R/o 5-93, Kothagudem Road, Penubali
Khammam, Andra Pradesh, Pin 507302
89. Vinod Singh Rawat

S/o Padam Singh
R/o 1013/A Sector 52-B Power Colony,
Chandigarh (160036)
90. Adabala N.V.S Raghavendra Rao

S/o Adabal Gangaya
R/o 2-34, Padmatipalam, Malkipurummandal
East Godavari District,
Andhra Pradesh 533250
91. Vinay Kumar Rawat,

S/o Lata Mukteshwar Ram Rawat
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R/o Village-Gausput Post-Bugurgu

District Ghazipur UP-233305
92. Gaurav Negi

S/o Sushila Negi
R/o Govt Inter College Joshimat
District-Chamoli Uttarakhand
93. Sonawane Vishwajit Nivrutti

S/o Sonawane Nivrutti Damu
R/o 29, KunjVihar, Sahadevnagar
Gangapur Road, Nasik
94. Dinesh Kumar Mishra

S/o Narvadeshwar Mishra
R/o Tagore Nagar, Ballia UP-277001
95. Abhilash Nakra

D/o Satish Nakra
R/o D-15, DCR UST Murthal Sonipat
Haryana-131039
96. Navaneet Kumar

S/o Ranvijay Singh
R/o Vill&Post-Lashkarpur Tehsil
Biswan (Sitapur)-261201
97. Digant Mohan

S/o Ashok Kumar
R/o Vill & Post-Ursan, Tehsil-Sikandra
Thana-Derapur District-Kanpur Dehat
Pin-209301
98. Vipin Rawat

S/o Mohar Singh Rawat
R/o Vill-Vyasbhud (Chakbhud),
Post-Kalsi Gate District-Dehradun
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Uttarakhand-248159
99. Rajendra Triphati

S/o Ramprakash Tripati
R/o Bamnia Road, Petlawad
District-Jhabua (MP)-457773
100. Amit Gupta

S/o Kailash Chandra
R/o Opp-Power House ORAI (Jalaun)
UP-285001
101. Ashok Kumar Singh (Aged about 28 years),

S/o Raj Bansh Singh
R/o Vill-Kurusa, PO –Doiyan P.S- Dinara,
Rohtas, Sasaram, Bihar-821112
102. Kunwar Diwakar Singh

S/o Jila Jeet Singh
R/o Vill-Sungulpur, PO-Gutwan
Thana-Mariahu, District-Jaunpur
UP-222136
103. Alapati Srilakshmi

D/o Satyanarayana
R/o D-No-3-11/5, Tulasi Residency
Opp-Balaji Park Town Nizanpet
Village-Quthbullapur Rangareddy-500090
104. Vividh Kumar Soni,

S/o Anil Soni
R/o Vishwanath Colony,
Railway Station Road, Biaora,
Rajgarh MP
105. Durga Prasad Moharana

S/o Surendra Moharan
R/o Bachhara, Jatani, Khorda,
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Odisha-752050
106. Amol Motinath Veer

S/o Motinath Veer
R/o Dastgir Gali Main Road,
Ahmadpur Lathur MH-413551
107. G Shiva Teja

S/o G Rajasekhar Gowd
R/o F-202, Vishnu Apartment,
Opp-Birla Gate, Kurnool Andhra Pradesh
108. Naveen Reddy

S/o Pearala Vidya Sagar Reddy
R/o 10-74, Rajannagardem, Mothkur,
Mandalam, Nalgonda, AP-508277
109. Renu KR
D/o Kesavan Potti.K
R/o Souparnikavellanand, Aruvikkara,
Thiruvanthapuram, Kerala-695543
110. Pushpendra Singh Rajawat

S/o Mahendra Singh Rajawat
R/o Plot no-9, Tilak Nagar, Dhola Bhata,
Ajmer, Rajasthan-305001
111. Gaurav Patel

S/o Rajendra Singh,
R/o Village –Sutta Thana Gursarai,
Jhansi UP-284202
112. N. Anil Kumar

S/o Nellutla Mallesh
R/o 6-4-33, Hanuman Colony,
Rampally, Kusara, Mondal Rampalle,
Rampalli AP-501301
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113. Tintu Lal K M

S/o Suseela
R/o Keecheril, Ezhancheril,
Vellilappally, Ramapuram Kottayam,
Kerala—686651
114. Chenna Rajanaannar

S/o Chenna Raja Sekhar
R/o 12/87 RS Road,
Dharmavaram, Anantapur,
AP-8515671
115. Dhiraj Kuamr

S/o Sh. Indradeo Singh,
R/o Gram Nawada, Post Urdina,
Thana Barun, Block Barun
Nawada, Aurangabad, Bihar-824112
116. Archana K.R.

D/o Sh. Kanaka Das,
R/o Vrindavanam, Chirayankeezhu,
Thiruvanantpuram-695304
117. Lalit Mohan Bangari

S/o J.S. Bangari,
R/o 23, Near ESTC Kaniya, Kaniya
Ramnagar Range, Nainital, Ramnagar,
Uttarakhand, 244715
118. V. Eswararao Patiwada,

S/o Sh. Pydiyya
R/o 2-77/2, Shiradi Nagar,
Yeleswaran, East Godawari,
Andhra Pradesh-533429.
119. Alok Kumar Gupta,

S/o Sh. Uma Shankar Gupta,
R/o 296-J, New Model Colony, BIchhiya,
Railway Colony, Gorakhpur-273012
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120. Abhishek Kumar,

S/o Sh. Ärun Kumar Prasad,
R/o North New Shakti Colony,
Vaishali, Bihar-844101 ...Applicants
(All the applicants are aspirant for appointment to the post of Scientific
Assistant, Group ‗B‘ in Indian Meteorological Department)
(By Advocate: Mr.M.K.Bhardwaj)
Versus
1. Union of India,
Through its Secretary,
Ministry of Earth Sciences,
Prithvi Bhavan,
Opposite India Habitat Centre,
Lodhi Road, New Delhi-110003
2. The Director General of Meteorology

India Meteorological Department,
Mausam Bhawan, Lodhi Road,
New Delhi-110003
3. The Chairman,
Staff Selection Commission
Block No. 12, CGO (Complex),
Lodhi Road, New Delhi. ..Respondents
(By Advocates: Mr.H.K.Gangwani with Mr.Vidya Sagar and

Mr.Mayank Kapoor for respondent nos. 1 and 2)
…………
ORDER
Per RAJ VIR SHARMA, MEMBER(J):
This Original Application under Section 19 of the Administrative
Tribunals Act, 1985, was filed by the applicants on 9.4.2018 seeking the
following reliefs:
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―(i) To quash and set aside the impugned Note/Clarification

published on website of Respondent No.2 on 28.03.2018
and direct the respondents to treat the
candidates/applicants possessing 4 years degree in
engineering in the concerned subject as mentioned in the
advertisement/RRs as eligible for appointment to the post
of Scientific Assistant in Indian Meteorological
Department on the basis of advertisement (Annexure A-
3).
(ii) To declare the action of respondents in declaring the

applicants as ineligible for appointment to the post of
Scientific Assistant as illegal and direct the respondents
to consider the claim of applicants for appointment to the
post of Scientific Assistant on the basis of their merit in
the competitive examination held by SSC pursuant to
Notice of Recruitment of Scientific Assistant in Indian
Meteorological Department Examination, 2017.
(iii) To pass any other orders as this Hon‘ble Tribunal may

deem fit and proper in the facts and circumstances of the
case including quashing of Notice dated 04.08.2017 (A-
2).‖
2. Resisting the O.A., the respondent nos. 1 and 2 have filed a
counter reply. The applicants have also filed a rejoinder reply refuting the
stand taken by the said respondents.
2.1 Respondent no.3-Staff Selection Commission (SSC) has neither
appeared nor filed any counter reply.
3. We have carefully perused the pleadings of the parties and have
heard Mr.M.K.Bhardwaj, learned counsel appearing for the applicants, and
Mr.H.K.Gangwani with Mr.Vidya Sagar and Mr.Mayank Kapoor, learned
counsel appearing for the respondent nos. 1 and 2.
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4. The brief facts of this case, which are relevant for the purpose
of deciding the controversy and are not disputed by either side, are as
follows:
4.1 Respondent no.3-SSC issued/uploaded on its website the notice
dated 18.7.2017 (Annexure A/2) for conducting an open competitive
examination for recruitment to the post of Scientific Assistant in India
Meteorological Department (IMD), Group ‗B‘Non-Gazetted, Non-
Ministerial, in Level 6 of the Pay Matrix (Pay Band 2 (Rs.9300-34800) plus
Grade Pay Rs.4200 in pre-revised scale) from 20.11.2017 to 27.11.2017 in
computer based mode all over the country.
4.2 Paragraph 5 of the notice dated 18.7.2017(ibid) stipulated thus:
―5. MINIMUM ESSENTIAL EDUCATIONAL

QUALIFICATIONS: (As on 04.08.2017)
Bachelor‘s Degree in Science (with Physics as one

of the subject)/Computer Science/Information
Technology/Computer Applications or Diploma in
Electronics and Telecommunication Engineering from a
recognized Institution/University or equivalent.
NOTE-I The qualifying Degree or diploma referred

above should be in First Class (60% marks)
or 6.75 CGPA on a 10 point scale.
NOTE-II The qualifying Degree or diploma referred

above must be of three (3) years duration
after (10+2) examination.
NOTE-III The applicant must have passed 10+2

Examination from a Recognized Board or
equivalent in Science with Physics and
Mathematics as core subjects.
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NOTE-IV As per Ministry of Human Resource

Development Notification dated 10.06.2015
published in Gazette of India, all the
degrees/diplomas/certificates including
technical education degrees/diploma
awarded through Open and Distance
Learning mode of education by the
Universities established by an Act of
Parliament or State Legislature, Institutions
Deemed to be Universities under Section 3
of the University Grants Commission Act,
1956 and Institutions of National
Importance declared under an Act of
Parliament stand automatically recognized
for the purpose of employment to posts and
services under the Central Government
provided they have been approved by the
Distance Education Bureau, University
Grants Commission.
NOTE-V Candidates who have not acquired/will not

acquire the educational qualification as on
the closing date of receipt of application will
not be eligible and need not apply.
NOTE-VI Ex-Servicemen who have done various

courses from Armed Forces which are
certified by competent Authority that they
are equivalent to Bachelor‘s Degree in
Science (with Physics as one of the
subject)/Computer Science/Information
Technology/Computer Applications or
Diploma in Electronics and
Telecommunication Engineering are eligible
to appear in the Examination.‖
4.2.1 The Ministry of Earth Sciences, Scientific Assistant
Recruitment Rules, 2011 (hereinafter referred to as ―Recruitment Rules‖)
prescribed the following educational and other qualifications for direct
Page 21 of 37
22 OA 1443/18
recruitment to the post of Scientific Assistant in India Meteorological
Department:
―Bachelor‘s Degree in Science (with Physics as one of

the subject)/ Computer Science/ Information Technology/
Computer Applications or Diploma in Electronics and
Telecommunication Engineering from a recognized
Institution/University or equivalent.
NOTE-I The qualifying Degree or diploma referred

above should be in First Class (60% marks)
or 6.75 CGPA on a 10 point scale.
NOTE-II The qualifying Degree or Diploma referred

above must be of three (3) years duration
after (10+2) examination.
NOTE-III The applicant must have passed 10+2

Examination from a Recognized Board or
equivalent in Science with Physics and
Mathematics as core subjects.‖
4.3 The respondent-SSC, by another notice dated 4.8.2017, issued
certain other instructions regarding the said Recruitment of Scientific
Assistant in India Meteorological Department Examination,2017 as per the
notice dated 18.7.2017(ibid), and reiterated that the qualifying Degree or
Diploma in the listed disciplines must be of three years duration after 10+2
Examination.
4.4 Except applicant nos.7 and 35, all other applicants possessed 4-
year B.Tech Degree in Electronics & Communication Engineering/
Computer Science Engineering/Information Technology/ Electronics
Engineering. Applicant nos. 7 and 35 possessed 4-year B.Sc. Engineering in
Page 22 of 37
23 OA 1443/18
the relevant disciplines. They responded to the notice dated 18.7.2017(ibid)
and applied for appearing at the competitive examination. On the basis of
Admit Cards, the applicants appeared at the online examination conducted
by the respondent-SSC during 22nd to 25th November 2017. The respondent-
SSC declared the marks obtained by the candidates in the recruitment
examination and handed over category-wise Merit Lists to the respondent-
Department in terms of Paragraph 11(I) read with Paragraph 18(ii) of the
notice dated 18.7.2017 (ibid). While so, the respondent-Department issued
and uploaded on its website the impugned clarification dated 28.3.2018
which reads thus:
―Regarding appointment of candidates for the post of

Scientific Assistant in India Meteorological Department, it is
clarified that the candidates having qualifying degree in the
listed disciplines must be of 3 years duration after 10+2
examination. In this regard, Staff Selection had issued
clarification vide Notice No.3-1/2017-P&P-1 dated 4th August,
2017.
In view of the above, it is further clarified that four
year degree holders are not eligible for the post of Scientific
Assistant in the India Meteorological Department.‖
4.5 Being aggrieved by the above clarification, some of the
applicants made representations and sent emails and legal notices requesting
the respondents to rescind the impugned clarification dated 28.3.2018 and to
consider their candidatures as they possess qualification higher than that is
required under the Recruitment Rules and the employment notice dated
18.7.2017/notice dated 4.8.2017(ibid). The applicants also claimed that in
the absence of any provision in the Recruitment Rules or in the employment
Page 23 of 37
24 OA 1443/18
notice dated 18.7.2017 as well as in the notice dated 4.8.2017 issued by the
respondent-SSC that ―four year degree holders are not eligible for the post of
Scientific Assistant in the India Meteorological Department‖, the impugned
clarification dated 28.3.2018 amounts to changing the terms and conditions
of the employment notice dated 18.7.1987/notice dated 4.8.2017, after the
recruitment examination is over and Merit Lists are prepared and forwarded
by the respondent-SSC and, therefore, the impugned clarification is bad,
illegal and liable to be withdrawn by the respondent-Department. It was also
claimed by the applicants that having possessed 4-year B.Tech Degree in
Electronics & Communication Engineer/Computer Science Engineering
/Information Technology/Electronics Engineering, and 4-year
B.Sc.Engineering in the relevant disciplines, they can by no stretch of
imagination be said to be ineligible for selection and appointment to the post
Scientific Assistant, for which qualification of 3-year Diploma in Electronics
& Communication Engineer/Computer Science Engineering /Information
Technology/Electronics Engineering, or 3-year Bachelor‘s Degree in
Science (with Physics as one of the subject) after 10+2 has been prescribed
in the Recruitment Rules/employment notice dated 18.7.2017 and notice
dated 4.8.2017 (ibid).
4.6 The respondents having failed to consider and take any decision
on the applicants‘ representations, emails and legal notice, the applicants
have filed the present O.A.
Page 24 of 37
25 OA 1443/18
5. In the above context, it has been contended by
Mr.M.K.Bhardwaj, learned counsel appearing for the applicants, that the
respondent-Department has acted illegally and arbitrarily in clarifying that
―four year degree holders are not eligible for the post of Scientific
Assistant‖. By issuing the impugned clarification dated 28.3.2018, the
respondent-Department has changed the rules of recruitment process, after
the competitive examination was over and the merit lists were prepared and
forwarded by the respondent-SSC, which is impermissible in law. Neither
the Recruitment Rules nor the employment notice dated 18.7.2017/notice
dated 4.8.2017 (ibid) stipulated that ―four year degree holders are not
eligible for the post of Scientific Assistant‖, and, therefore, the impugned
clarification is unsustainable in the eyes of law. It has also been contended
by Mr.M.K.Bhardwaj that in the year 2011 the respondent-Department had
initiated the process of recruitment to the post of Scientific Assistant and, on
the basis of selection and recommendation made by the respondent-SSC,
appointed a number of candidates having 4-year B.Tech in Computer
Science/Information Technology/Computer Applications/Electronics and
Telecommunication Engineering. This clearly goes to show that the
respondent-Department has acted illegally and arbitrarily in taking a view
that 4-year degree holders are ineligible for selection and appointment to the
post of Scientific Assistant during the recruitment process initiated vide
Page 25 of 37
26 OA 1443/18
employment notice dated 18.7.2017. In support of his contentions,
Mr.M.K.Bhardwaj has relied on the following decisions:
(i) State of Haryana vs. Abdul Gaffar Khan, (2006) 11
SCC 153, where the post in question was of Unani Dispenser. The
qualification prescribed was:
(i) Unani Dispenser from any recognized

Unversity/Institution or Board or Faculty of Indian
System of Medicine established by law in India or
Upvaidya of any recognized University/Institution
or Board or Faculty of Indian System of Medicine
established by law in India having the knowledge
of Urdue;
(ii) Matric or its equivalent.
(iii) Knowledge of Hindi and English up to Matric
standard.
The respondent-candidates possessed the qualification of Bachelor of
Unani Medicine and Surgery from Kanpur University apart from
Matric with Hindi and 10+2 with Science. The Hon‘ble Spreme Court
held that the Haryana Ayurvedic/Homeopathic and Unani Technical
Group ( C ) Service Rules, 1977 do not exclude the degree in Unani
Medicines and Surgery for the post of Unani Dispenser, and that the
respondent-candidates possessed the requisite qualifications from
recognized University/Institution or Board and were eligible for
appointment on the post of Unani Dispenser.
Page 26 of 37
27 OA 1443/18
(ii) Jyoti K.K. and others vs. Kerala Public Service
Commission, (2010) 15 SCC 596, wherein the appellants were
holders of B. Tech. degree in electrical engineering or bachelor's
degree in electrical engineering. On the basis that the appellants did
not possess the necessary qualifications, the Commission held that
they were not eligible for selection. In the writ petitions, the same
having been challenged, it was contended that they possessed higher
qualifications and, therefore, non-consideration of their cases was
incorrect. They sought for a direction to the Commission to consider
them as eligible candidates. It was also pointed out that ever since the
inception of the Board, persons possessing higher qualifications have
been considered and appointed in terms of Rule 13(1) of the Kerala
State and Subordinate Services Rules, 1956 and the Board having
accepted higher qualifications to be applicable in all such cases could
not have excluded them in the present cases. The Hon‘ble High Court
dismissed the writ petitions. Allowing the Civil Appeals, the Hon‘ble
Supreme Court has held that if a person had acquired higher
qualifications, such qualifications would presuppose acquisition of the
lower qualification. A degree holder would be eligible to apply for a
post, where the minimum qualification prescribed was diploma. When
the position was not clear and the rules did not per se disqualify
holders of the higher qualifications, it would be appropriate to hold
Page 27 of 37
28 OA 1443/18
that those with the higher qualifications would be eligible. Paragraphs
7,8 and 9 of the judgment reads thus:
―7. It is no doubt true, as stated by the High Court that when

a qualification has been set out under the relevant rules, the
same cannot be in any manner whittled down and a different
qualification cannot be adopted. The High Court is also
justified in stating that the higher qualification must clearly
indicate or presuppose the acquisition of the lower qualification
prescribed for that post in order to attract that part of the rule to
the effect that such of those higher qualifications which
presuppose the acquisition of the lower qualifications
prescribed for the post shall also be sufficient for the post. If a
person has acquired higher qualifications in the same faculty,
such qualification can certainly be stated to presuppose the
acquisition of the lower qualifications prescribed for the post.
In this case it may not be necessary to seek far.
8. Under the relevant rules, for the post of Assistant
Engineer, degree in Electrical Engineering of Kerala University
or other equivalent qualification recognized or equivalent
thereto has been prescribed. For a higher post when a direct
recruitment has to be held, the qualification that has to be
obtained, obviously gives an ind ication that such qualification
is definitely higher qualification than what is prescribed for the
lower post, namely, the post of Sub-Engineer. In that view of
the matter the qualification of degree in Electrical Engineering
presupposes the acquisition of the lower qualification of
diploma in that subject prescribed for the post, shall be
considered to be sufficient for that post.
9. In the event the Government is of the view that only
diploma holders should have applied to post of Sub-Engineers
but not all those who possess higher qualifications, either this
rule should have excluded in respect of candidates who possess
higher qualifications or the position should have been made
clear that degree holder shall not be eligible to apply for such
post. When that position is not clear but on the other hand rules
do not disqualify per se the holders of higher qualifications in
the same faculty, it becomes clear that the rule could be
understood in an appropriate manner as stated above. In that
view of the matter the order of the High Court cannot be
sustained. In this case we are not concerned with the question
whether all those who possess such qualifications could have
applied or not. When statutory rules have been published and
Page 28 of 37
29 OA 1443/18
those rules are applicable, it presupposes that everyone

concerned with such appointments will be aware of such rules
or make himself aware of the rules before making appropriate
applications. The High Court, therefore, is not justified in
holding that recruitment of appellants would amount to fraud on
the public.‖
(iii) Parvaiz Ahmad Parry vs. State of Jammu & Kashmir
& others, CWP NO.13368/2015, decided on 6.11.2015, the Hon‘ble
Supreme Court has held that while the minimum qualification
prescribed for the post of J&K Forest Service Range Officers Grade I
(Forest) was a B.Sc. (Forestry or an equivalent degree from any
University recognized by the ICAR, a candidate with a higher
qualification was equally eligible. Thus, a B.Sc. candidate with
Forestry as a major subject and M.Sc. in Forestry was eligible. It was
observed:
―25. In our view, if a candidate has done B.Sc. in

Forestry as one of the major subjects and has also done
Masters in the Forestry, i.e., M.Sc. (Forestry) then in the
absence of any clarification on such issue, the candidate
possessing such higher qualification has to be held to
possess the required qualification to apply for the post. In
fact, acquiring higher qualification in the prescribed
subject, i.e., Forestry was sufficient to hold that the
appellant had possessed the prescribed qualification. It
was coupled with the fact that Forestry was one of the
appellant‘s major subjects in graduation, due to which he
was able to do his Masters in Forestry.‖
(iv) Manjit Singh vs. State of Punjab & others, CWP
No.451/2008, a Full Bench of the Hon‘ble High Court of
Punjab & Haryana has held that a candidate possessing a higher
Page 29 of 37
30 OA 1443/18
degree in the same line cannot be denied consideration for
selection, though he does not hold the lower qualification.
6. Per contra, Mr.H.K.Gangwani, learned counsel appearing for
the respondents, has contended that the qualifications prescribed in the
Recruitment Rules as well as in the employment notice cannot be in any
manner whittled down and a different qualification cannot be adopted. The
applicants not having admittedly possessed the qualification of 3-year
Bachelor‘s Degree in Science (with Physics as one of the subject)/Computer
Science/Information Technology/Computer Applications or 3-year Diploma
in Electronics and Telecommunication Engineering from a recognized
Institution/University or equivalent, as prescribed in the Recruitment Rules
and in the employment notice, are ineligible to be considered for selection
and recruitment to the post of Scientific Assistant. It has also been contended
by Mr.H.K.Gangwani that in 2011 recruitment process, the respondent-
Department had recruited 311 Scientific Assistants. In view of duties and
responsibilities attached to the post of Scientific Assistant, four months
integrated training was imparted to those appointees. This training was given
to these appointees on full salary basis along with other admissible
allowances. Out of 311 Scientific Assistants recruited in 2011, 80 Scientific
Assistants having four year B.Tech degree have resigned from the
respondent-Department. Apart from huge financial loss caused to the
Government of India in the form of expenses incurred for imparting training,
Page 30 of 37
31 OA 1443/18
a manpower shortage also aroused due to such resignation of Scientific
Assistants holding 4-year B.Tech degree. Considering this aspect of the
matter, and in view of clear stipulation in the Recruitment Rules and in the
employment notice with regard to qualification required for the post of
Scientific Assistant, the respondent-Department has issued the clarification
dated 28.3.2018 that ―four year degree holders are not eligible for the post of
Scientific Assistant‖, and the recruitment of any persons having 4-year
B.Tech in Computer Science/Information Technology/Computer
Applications/Electronics and Telecommunication Engineering in the year
2011 would not clothe the applicants with any right, much less an
enforceable right, to claim that they are eligible for selection and
appointment to the post of Scientific Assistant and to assail the clarification
dated 28.3.2018. In support of his contentions, Mr.H.K.Gangwani has relied
on the following decisions:
(1) Dr.M.S.Mudhol and another vs. S.D.Halegkar
and others, (1993) 3 SCC 591, wherein the statutory
recruitment rules prescribed the essential qualifications of (i)
Master‘s degree with at least 2nd Division from a recognized
university or equivalent; (ii) a degree in teaching from
recognized university or equivalent; and (iii) experience of 10
years‘ teaching as a Vice Principal/P.G.T. in a Higher
Secondary School or Inter-College. The recruitment rules also
Page 31 of 37
32 OA 1443/18
stipulated that the condition with regard to the 2nd Division was
relaxable in the case of candidates belonging to the same school
and also in the case of SC and ST candidates. The desirable
qualifications were: (i) experience in administrative charge of a
recognized Higher Secondary School/Inter-College; (ii)
Doctorate Degree; and (iii) M.Ed. degree from a recognized
university. The 1st respondent possessed M.A. degree in
Political Science with 3rd class with 41.1% aggregate marks and
M.Ed. in second class. The Hon‘ble Supreme Court held that
the contention of the respondents that M.A with 2nd Division
was equivalent to M.Ed. with second Division was fallacious.
The former was the academic qualification while the latter a
professional qualification. The statutory rule with regard to the
essential qualifications was very clear inasmuch as it required
both academic Masters‘ degree and the teaching degree; the
latter being not the substitute for the former. What is further,
while laying down the qualifications with regard to the
academic degree, viz., the Masters‘ degree, the rule insists upon
2nd Division for such degree. It does not insist upon a second
division degree in teaching. A pass degree in teaching is
sufficient in its eyes. It would, therefore, amount to distorting
the requisite qualifications under the rules, to attempt to
Page 32 of 37
33 OA 1443/18
substitute the teaching qualification for the academic
qualification and exchanging the divisions of the two. It was,
thus, concluded by the Hon‘ble Supreme Court that the 1st
respondent did not have the requisite educational qualifications
to be selected for the post of Principal.
(2) Ashish Kumar vs. State of Uttar Pradesh and
others, (2018) 3 SCC 55, wherein the Hon‘ble Supreme Court
has held that any part of the advertisement which is contrary to
the statutory rules has to give way to the statutory prescription,
and that when there is variance in the advertisement and in the
statutory rules, it is the statutory rules which take precedence.
(3) Union of India and another vs. Internal Trading
Co. and another, (2003) 5 SCC 437, wherein the Hon‘ble
Supreme Court, after considering the facts and circumstances of
the case, has held that a party cannot claim that since something
wrong has been done in another case, direction should be given
for doing another wrong. It would not be setting a wrong right,
but would be perpetuating another wrong. In such matters there
is no discrimination involved. The concept of equal treatment
on the logic of Article 14 of the Constitution cannot be pressed
into service in such cases. What the concept of equal treatment
presupposes is existence of similar legal foothold. It does not
Page 33 of 37
34 OA 1443/18
countenance repetition of a wrong action to bring both wrongs
on a par. Even if hypothetically it is accepted that a wrong has
been committed in some other cases by introducing a concept
of negative equality the respondents cannot strengthen their
case. They have to establish strength of their cases on some
other basis and not by claiming negative equality.
(4) Vishal Properties (P)Ltd. vs. State of Uttar
Pradesh and others, (2007) 11 SCC 172, wherein the Hon‘ble
Supreme Court has held that the authorities might have acted in
an irregular manner in case of some others, but that does not
confer any legal right on the appellant to claim a similar benefit.
7. After having given our thoughtful consideration to the rival
contentions, we have found considerable merit in the contentions of the
applicants.
8. The Recruitment Rules and the employment notice dated
18.7.2017/notice dated 4.8.2017 issued by the respondent-SSC stipulated
the minimum essential educational qualification of Bachelor‘s Degree in
Science (with Physics as one of the subject)/Computer Science/Information
Technology/Computer Applications or Diploma in Electronics and
Telecommunication Engineering from a recognized Institution/University or
equivalent. It was also stipulated that the qualifying degree or diploma
should be in first class (60% marks) or 6.75 CGPA on a 10 point scale and
Page 34 of 37
35 OA 1443/18
must be of 3 (three) years duration after 10+2 examination, and that the
candidate must have passed 10+2 examination from a recognized Board or
equivalent in Science with Physics and Mathematics as core subjects. It is
not in dispute that the applicants possessed the qualification of 4-year
B.Tech degree in Electronics & Communication Engineer/Computer Science
Engineering /Information Technology/Electronics Engineering and 4-year
B.Sc.Engineering in the relevant disciplines, with first class (60% marks) or
6.75 CGPA on a 10 point scale and passed 10+2 examination from a
recognized Board or equivalent in Science with Physics and Mathematics as
core subjects. Thus, the question that arises for our consideration is as to
whether the applicants or any other candidates possessing 4-year B.Tech
degree/4-year B.Sc. Engineering in the relevant disciplines are ineligible for
selection and appointment to the post of Scientific Assistant in IMD. Similar
question came up for consideration of the Hon‘ble Supreme Court in Jyoti
K.K. and others vs. Kerala Public Service Commission (supra), wherein
Their Lordships have held that if a person has acquired higher qualification
in the same faculty, such qualification can certainly be stated to presuppose
the acquisition of the lower qualification prescribed for any post. Similar
view has also been taken by the Hon‘ble Supreme Court in State of
Haryana vs. Abdul Gaffar Khan (supra) and in Parvaiz Ahmad Parry vs.
State of Jammu & Kashmir & others (supra) and by a Full Bench of the
Hon‘ble High Court of Punjab & Haryana in Manjit Sigh vs. State of
Page 35 of 37
36 OA 1443/18
Punjab & others (supra). Therefore, we have no hesitation in holding that
the 4-year B.Tech/B.Sc. Engineering degree in the relevant disciplines
possessed by the applicants is higher than the 3-year Bachelor‘s Degree in
Computer Science/Information Technology/Computer Applications and 3-
year Diploma in Electronics and Telecommunication Engineering, and that
the applicants are eligible for selection and appointment to the post of
Scientific Assistant. Furthermore, the Recruitment Rules neither specifically
exclude the 4-year B.Tech/B.Sc. Engineering degree in the relevant
disciplines as the minimum essential educational qualification for the post of
Scientific Assistant, nor do the same stipulate that holders of 4-year
B.Tech/B.Sc.Engineering degree in the relevant disciplines are ineligible for
selection and appointment to the post of Scientific Assistant. The
employment notice dated 18.7.2017/notice dated 4.8.2017 issued by the
respondent-SSC also did not specifically stipulate that 4-year
B.Tech/B.Sc.Engineering degree holders, like the applicants, would be
ineligible for selection and appointment to the post of Scientific Assistant.
Thus, the respondent-Department cannot be held to be justified in issuing the
impugned clarification dated 28.3.2018 that ‗four year degree holders are not
eligible for the post of Scientific Assistant‘, more so when the respondent-
SSC had admittedly conducted the recruitment examination and declared the
result of thereof, and had submitted the Merit Lists to the respondent-
Department by 28.3.2018.
Page 36 of 37
37 OA 1443/18
9. The decisions relied on by Mr.H.K.Gangwani, learned counsel
appearing for the respondents, besides being out of context, do not go to
support the stand taken by the respondents.
10. In the light of our above discussions, we have no hesitation in
holding that the impugned clarification dated 28.3.2018 (Annexure A/1)
issued by the respondent-Department is unsustainable in the eyes of law and
liable to be quashed. Accordingly, we quash the same and direct the
respondent-Department to consider the candidatures of the applicants and
other similarly placed candidates for selection and recruitment to the post of
Scientific Assistant on the basis of their merit positions in the competitive
examination held by the respondent-SSC pursuant to the Notice of
Recruitment of Scientific Assistant in India Meteorological Department
Examination, 2017.
11. Resultantly, the O.A. is allowed. No costs.
(PRAVEEN MAHAJAN) (RAJ VIR SHARMA)

ADMINISTRATIVE MEMBER JUDICIAL MEMBER
AN
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1 OA 1443/18

CENTRAL ADMINISTRATIVE TRIBUNAL

5. Bhoopendra Singh Patel

10. Sushant Kumar

11. Kartikey Dutta

12. Atul Kumar

R/o H.No. 1087, Sector-I,

14. Piyush Gyan Jha

15. Ashok Kumar Saini

16. Abhilash Kumar Patel

17. Pankaj Kumar Meena

18. Varma Satyaprakash Munnalal

19. Rohit Kumar

20. Raghib Akhter

21. Aakash Kumar

22. Mahboob Ali

25. Amit Kumar Mittal

26. Surendra Pratap Yadav

27. Aakib Hussain Dugga

28. Priyanka Juyal

29. Amit Kumar

30. Praveen Kumar Sharma

32. Rimmy Aggarwal

34. Anurag Yadav

35. Pawan Kumar

36. Suthirtho Boral

37. Vishal Kumar

38. Amit Kumar Chandel

39. Prashant Meena

40. Abiram Kumar

41. Nitesh Kuma Yadav

42. Vishal Mandaiya

43. Mahesh Prasad

44. Deepanshu Sharma

45. Ashutosh Jha

46. Nilesh Kumar

47. Abhishek Kumar Meena

48. Satish Kumar,

49. Bicky Kumar

50. Gaurav Kumar

51. Sandeep Kumar Gaurav

52. Abhijeet Chaudhary

53. Narendra Kumar

54. Pankaj Kumar

55. Ashwini Kumar Prasad

R/o 748 L Sarvodya Nagar Bichhiya Post-PAC

57. Ayush Srivastava

58. Naresh KumarBaghel

59. Vikash Kumar

60. Ankur Garg

61. Amit Kumar Dixit

62. Navendu Kumar

West champaran, Bihar 845455

63. Rajat Kaushik

64. Harshit Goel

65. Shailendra kumar Sharma

66. Ashish Yadav

67. Tanveer Hussain Parray

68. Ravikesh Meena

69. Poonam Bala

70. Madhu Sharma

71. Nitesh chandel