UNION OF INDIA Vs. HAKIM SINGH SENGAR

JUDGEMENT

(1.) THE petitioners impugn the order dated 29. 07. 2009 in O. A. No. 493/2007, Sh. Hakim Singh Sengar Vs. Union of India directing the petitioner no. 1 to empanel the respondent for the post of Assistant Material Manager for the year 2003-05 by taking his total marks in the selection process as 257. 25, though the respondent was awarded 246. 25 marks on the basis that his answers to question 6 b in Paper No. II was not evaluated.

(2.) BEFORE the Tribunal, the respondent had produced copy of his answer book in paper No. II obtained under the Right to Information Act, 2005 which had revealed that one of his answers in respect of question No. 6b in Paper No. II had remained unevaluated. The Tribunal proceeded on the assumption that the respondent would have secured maximum marks for his answer to question No. 6b in the eventuality of it being. Learned counsel for the petitioner has contended that the Tribunal could not have evaluated the unevaluated answer of the respondent in Paper No. II to the question 6 (B) and could not give a finding that the total marks of the respondent are 257. 25 as has been held by the tribunal.

(3.) THE learned counsel argues that since in the answer book of the respondent, answer to question 6b was not evaluated, the Tribunal should have directed the petitioners to get it evaluated and thereafter consider the empanelment of the respondent according to his marks.