GOVT OF NCT OF DELHI Vs. GAJRAJ SINGH

JUDGEMENT

(1.) This writ petition is directed against the order dated 13.10.2009 passed by the Central Administrative Tribunal, Principal Bench, New Delhi in OA 2189/2008, whereby the respondent's said Original Application has been allowed.

(2.) The respondent had contended before the Tribunal that the written test, which was conducted for the post of Head Constable, comprised of three questions which ought not to have been considered for the purpose of marking. It was contended that question No. 53 was marked incorrectly inasmuch as the Answer Key was wrong. In fact, it was contended that the question itself was not correct. Insofar as question Nos. 68 and 79 are concerned, the contention was that they were outside the syllabus.

(3.) The petitioner had obtained 124 marks in the said written test. It is also an admitted position that the last person, who was appointed to the post of Head Constable, had obtained 125 marks in the said written test. The Tribunal agreed with the contention of the respondent that question No. 53 was incorrect and consequently, awarded one mark to the respondent, thereby taking his total marks to 125.