UNION OF INDIA Vs. AYUB ALI

JUDGEMENT

(1.) Challenge in this appeal is to the judgement of a Division Bench of the Delhi High Court dismissing the Letters Patent Appeal filed by the appellant summarily. Writ petition was filed by the Respondent alleging that his pre-existing enlistment was not revalidated on erroneous premises. The writ petition was allowed by a learned Single Judge of the High Court. The Letters Patent Appeal questioning correctness of learned Single Judge's order was dismissed.

(2.) Respondent's application for revalidation of enlistment was refused on the ground that he did not fulfill the requisite criteria. It was indicated that on evaluation of his performance he fell short of the required marks and, therefore, his request for revalidation was not acceptable. Before the High Court the stand of the respondent was that the methodology adopted in assessing his performance was erroneous. It was denied of legitimate marks. Primarily on two grounds the marks were denied to the respondent.

(3.) The present appellants in the counter affidavit filed stated that the evaluation was done correctly. Learned Single Judge noticed that there were two factors for which the marks were not allotted. Firstly, it related to delay in completion of work and secondly about the quality of work. He found that some of the authorities had accepted that the delay in completion of work was not attributable to the respondent and similarly certificates have been issued about the quality of work. Accordingly, direction was given to revalidate the respondent's registration as a Class II (B&R) contractor for a period of five years from the date of expiry of the respondent's earlier enlistment.