THE UNION OF INDIA Vs. SAMUEL P.M.

JUDGEMENT

(1.) THIS writ petition is directed against the Order dated 31.01.2013 made in O.A. No. 856/2012 on the file of Central Administrative Tribunal at Bangalore.

(2.) LEARNED Counsel for the petitioners/South Western Railways submits that as the respondent has scored below 60%, he was not eligible for empanelment and selection to the post 'Staff and Welfare Inspector Grade -III', but the Central Administrative Tribunal erred in holding that the respondent is entitled for 4 marks and he is entitled for selection to the post of 'Staff and Welfare Inspector Grade -III'.

(3.) WE directed the Learned Counsel for the petitioner -South Western Railways to produce the original answer book of the respondent as the xerox copy of the answer book is not legible. Accordingly, he has produced the original answer book. We have verified the marks obtained by the respondent and entered in the valuer's sheet. We notice that instead of mentioning 5 1/2 marks as against question No. 5 of Part A in the valuer's sheet, the valuer has mentioned as 4 marks. Thus, if 1 1/2 is added to 57 as scored by the respondent, he gets total marks as 58 1/2. It is below 60% and hence he is not entitled for empanelment. There is no material to hold that the respondent is entitled for grace marks for wrong/ambiguous question. Neither the Tribunal nor this Court has jurisdiction to add marks for alleged ambiguous or wrong questions in the absence of any Rules and Regulations or order issued by the petitioner. In our view, the impugned order is not sustainable in the eye of law. In the result, we pass the following order: