MANOJ SAKLANI Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge in this writ petition is to an order dated December 03, 2018, passed by the Central Administrative Tribunal Principal Bench, New Delhi ('Tribunal', for short) in Original Application No.3908/2013 ('OA', hereinafter) whereby the Tribunal has rejected the claims of the petitioner herein by stating in paragraph 8 as under:

(2.) The grievance of the petitioner before the Tribunal was with regard to the Limited Departmental Competitive Examination conducted by the 2nd respondent-Ordnance Factories Institute of Learning, Dehradun for promotion to the post of Chargeman (Electrical) during the year 2010. Twenty eight persons, including the petitioner participated in the said examination by way of their first attempt, whereas seven more persons participated as their second attempt. Subsequently, the results were declared against the sole vacancy to the post of Chargeman (Electrical). As per the results, the petitioner having secured 139 marks stood 2nd while the 5th respondent Pankaj Sharma, who has secured 139.5 marks, was shown at Serial No.1 and was accordingly promoted as Chargeman (Electrical), vide order dated October 20, 2010. Aggrieved by the said action, the petitioner had filed the OA before the Tribunal.

(3.) It appears that before filing the OA, the petitioner had sought the copies of the evaluated answer sheets under the Right to Information Act, 2005. Subsequently, in terms of the direction of the Central Information Commission dated July 15, 2011, the answer script was inspected by the petitioner. The case of the petitioner is that upon a perusal of the answer script, he noticed various irregularities and errors with the evaluate of the answer sheet. Some of the answers he had given, despite being correct, were marked as wrong and he was denied marks for the same. In sum and substance, the petitioner was given less marks as against respondent No.5, despite his answers being correct, and as such, he would be entitled for promotion to the post of Chargeman (Electrical). We have already reproduced paragraph 8 of the order of the Tribunal.