SACHIN VARSHNEY Vs. UNION OF INDIA

JUDGEMENT

(1.) THE learned counsel for the petitioners states that there is a mistake in the papers filed in the sense that the copy of the order dated 16.12.2009 in OA No.1551/2009 at pages 124 to 126 is not the complete order. We also notice that only the beginning portion of the order has been reproduced at pages 124 to 125 and then there is an extract of paragraph 10. Obviously, this is not the complete order. The learned counsel for the petitioners has handed over a copy of the complete order which is quite dim. However, we have gone through the same. This lapse on the part of the learned counsel for the petitioners is pardoned as we feel that it was an inadvertent mistake.

(2.) WE now come to the merits of the matter. We find that the petitioners are seeking re-evaluation/re-checking of their answer scripts in the LGO Examination 2010 (Group-D) for promotion to Group-C posts. The Tribunal has rejected the prayer of the petitioners on the ground that there are no rules permitting re-evaluation of the answer scripts. On the contrary, the Tribunal has taken note of Clause 15 of Appendix No.37 of the Postal Manual Volume- IV Rules, relating to the departmental examination. The said Clause-15 reads as under:-

(3.) IT is obvious that the Tribunal has arrived at the correct decision inasmuch as there is no rule or regulation permitting re-evaluation of answer scripts insofar as the facts of the present case are concerned. On the contrary, there is a rule prohibiting any re-evaluation of answer scripts. There is no merit in this writ petition.