UOI & ORS. Vs. RAM SINGH & ANR.

JUDGEMENT

(1.) Pursuant to the advertisement issued in the year 1990 for recruitment to the post of Post Graduate Teacher (PGT), the respondent No. 1 also applied for that post and appeared in the test. As per the advertisement issued, writer examination of two and a half hours duration was to be held comprising of General Knowledge, Teaching Aptitude and Subject Competence. For these three components, maximum marks of 10, 25 and 50 were assigned respectively. The respondent was working as Librarian. On the basis of test held, the Director of Education prepared the merit list. In addition to the marks obtained by the candidates on the basis of aforesaid examination the marks were also awarded for experience as well as teachers ward. The respondent was assigned 3.5 marks for teaching experience. However, later on these marks were deducted/deleted on the ground that the respondent was only a Librarian. The respondent challenged the non -appointment by filing OA before the Central Administrative Tribunal ('CAT' in short) in the year 1992 on two grounds, viz.:

(2.) The CAT has accepted the first contention and on that basis, direction was given to the petitioner to give appointment to the respondent herein. For this reason, CAT did not go into the second contention, as that was not required because of the view taken by the CAT on the first issue.

(3.) When this matter came up for hearing on 01.4.2011, arguments were hoard on the first ground noted above, which were accepted by the CAT resulting into passing of the orders in favour of the respondent herein. However, we prima facie find that the order of the CAT on this aspect is erroneous. This view was taken in the following manner: