DEEPAK Vs. UOI AND ORS.

JUDGEMENT

(1.) IDENTICAL issue raised in the two captioned petitions was decided by a Division Bench of which one of us, Pradeep Nandrajog, J. was a Member of, when four writ petitions, lead matter being W.P. (C) No. 696/2013 Mukesh Kumar Vs. ESIC & Ors. were dismissed. Issue pertained to ESIC requiring minimum 6 marks out of 10 marks to be obtained for Formatting features i.e. prescribing a minimum cut off marks; and the grievance being that the advertisement inviting applications did not so specify. It was urged that rules of the game have been changed midstream. In paras 5 to 9 of the decision dated March 08, 2013, it was noted as under: -

(2.) REASONING in paras 26 to 28 of the opinion reads as under: -

(3.) NOW , as noted by the Division Bench, the website did not indicate the minimum cut off qualifying marks i.e. 6 marks out of 10 marks for Formatting features, but as noted in para 7 of the decision, the Note pertaining to the skill test did indicate that candidates have to secure minimum qualifying marks in each part.