SUSHIL PAL Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) Rule. Petitioner is an employee of Delhi Development Authority working as Technical Supervisor in Horticulture Division of the DDA. The case of the petitioner is that petitioner was entitled to be promoted as Sectional Officer as per the recruitment rules under the quota of 50 % departmental candidates. The Selection Board was constituted by the respondent/DDA and the Selection Board prepared a list based on merit-cum-seniority principle. The petitioner pursuant to the letter dated 29.4.93 issued by the respondent was asked to attend office of the Assistant Director on 5.5.93 for checking of the educational certificates of the petitioner and on checking and verification of the said certificates he was issued roll number and was directed to appear for interview on 13.5.93. Petitioner was awarded aggregate of 35 marks. Petitioner is aggrieved by the award of 35 marks. His case is that he ought to have been awarded 37 marks as per the guidelines of the respondent.

(2.) The criterion fixed by the respondent for assessment of the candidates was to the following effect: <FRM>JUDGEMENT_507_ILRDLH12_2003Html1.htm</FRM> It was further notified by the respondent that assessment will be on the basis of percentage of marks obtained by candidates in examination as under:- <FRM>JUDGEMENT_507_ILRDLH12_2003Html2.htm</FRM>

(3.) The grievance of the petitioner is that he had obtained 277 marks out of 517 marks in the Intermediate examination 1976, thereby got percentage of 51.7% and according to the parameters of respondent 6 marks ought to have been assigned to the petitioner for intermediate examination on the basis of his having passed said examination by getting 51.7% of marks and if 6 marks are assigned to the petitioner, he would obtain 37 marks. The petitioner got 4 marks for intermediate examination. It was contended that in that case petitioner's tally of marks will increase to 37 whereas persons with 36 marks have been promoted.