YOG RAJ GUPTA Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners herein are Yog Raj Gupta and Bhoj Kanwar Sharma, petitioners Nos. and 3, who are working as selection grade auditors in the grade of Rs. 210-380 with the Chief Pay & Accounts Officer, Ministry of Supply. Another petitioner, H. C. Patiar is petitioner No. 2, who was working as an auditor in the same grade, but was posted on deputation with Director General of Border Security Force. He has since rejoined the Office of the Chief Pay & Accounts Officer with effect from September 12, 1973 on reversion from deputation. The three respondents are, Union of India (respondent No. 1), Comptroller & Auditor General of India (respondent No. 2), and Chief Pay & Accounts Officer, Ministry of Supply (respondent No. 3). Prayer has been made in the petition for a writ .of mandamus directing respondent No. 2, to declare the petitioners successful in the Subordinate Accounts Service Part II Examination held in November, 1972, by giving them ten grace marks each and thus treating them at par with certain other candidates, who were given such grace marks.

(2.) This departmental examination, known as Subordinate Accounts Service Examination, herein referred to as 'SAS examination', is conducted every year by respondent No. 2 in the month of November, in two parts, i.e. Part I and Part II. It is divided into several branches, two of which are "ordinary branch" and "supply audit branch". No candidate is allowed to take the SAS examination of any branch other than the branch appropriate to the establishment in which he is serving. The SAS (ordinary branch) examination is open only to eligible staff working in the civil audit and accounts office like the office of the Accountant General of Central Revenues, Accountant General Commerce, Works, Misc. etc. The staff belonging to the office of the Chief Pay & Accounts Officer (as is the case with the petitioners) can appear only in the examination of SAS (supply audit branch)

(3.) Prior to the year 1971, the Chief Pay & Accounts Officers-Organisation had a common/joint cadre with the Accountant General, Commerce, Works & Misc. But a separation of the cadre took place from March 27, 1971. At that time, it was agreed between the Government of India, Ministry of Supply on one side and Comptroller and Auditor General of India on the other, that the latter would continue, permitting the staff of the Chief Pay & Accounts Officer's Organisation to appear in the SAS (supply audit branch) examination. Since then respondent No. 2 has been conducting the said examination for the candidates belonging to the Chief Pay & Accounts Officer's Organisation also. Two papers, viz. "advance book keeping with elementary Costing & Stores Control (theoretical)" and "Constitution of India", carrying 250 out of 500 marks are common to both the branches. The remaining two papers, one of theory and the other of practical in departmental subjects carrying 250 marks are not common, the syllabi for which are completely different. To qualify in the examination"' the candidate is required to secure 40% of the marks in each individual paper and 45% in the total aggregate. Respondent No. 2 has the powers of moderation of results of candidates in each branch. The relevant instructions are, contained in the Comptroller & Auditor General's Mannual of Standing Orders (Administrative), Volume 1.Para, 215, dealing with examination for SAS (ordinary branch), reads as follows: