R S KHATI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner challenges the order dated 8th September, 2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in O.A No.2185/2009, titled Sh.R.S.Khati v. Union of India and Ors dismissing his petition claiming that respondent No.4 is not entitled for selection as he had not scored 50% marks in each paper for promotion to postal service Group B in the limited departmental competitive examination conducted for the period 2003-2006. The plea of the petitioner is that he had scored more than 50% marks in each paper and more than 50% in aggregate also, whereas the respondent No.4 had not obtained 50% marks in each paper, therefore, the respondent No.4 is not entitled for promotion to the postal service Group B.

(2.) This, however, had not been denied that he has secured only 221 marks whereas the respondent No.4 has secured overall 229 marks. Though by order dated 5th November, 1997, the respondent No.1 had held that condition of securing 50% marks in each paper and 50% marks in aggregate would apply to all candidates appearing in limited departmental competitive examination, including the candidates belonging to the Scheduled Castes/Scheduled Tribes, however, later on relaxation was given to Scheduled Castes/Scheduled Tribes candidates modifying the minimum marks in each paper to 40% marks in place of 50% marks.

(3.) The plea of the petitioner is that relaxation from minimum 50% marks in each paper to minimum 40% marks in each paper could be applied only in case no candidate in the ST category had secured minimum 50% marks in each paper.