COMMISSIONER OF POLICE AND ANR Vs. RAVINDER KUMAR

JUDGEMENT

(1.) Commissioner of Police has preferred the present writ petition to assail the order dated 25.2.2013 passed by the Central Administrative Tribunal in OA No.3733/2012. The Tribunal has held that the respondent was entitled to one mark on account of the fact that one of the questions framed in the examination was confusing, and the answer given to the same by the respondent was the more appropriate one than the model answer. The question related to the maximum sentence which could be awarded under the Public Gambling Act. The Tribunal noted that there are two Acts, namely "The Public Gambling Act, 1867", which prescribes the maximum punishment of one month, and the "Delhi Public Gambling Act, 1955", which prescribes maximum punishment of three months. The respondent had given the answer as three months. The Tribunal held that since the question only mentions The "Public Gambling Act", without specifying whether it was the Public Gambling Act, 1867, or the Delhi Public Gambling Act, 1955, the respondent was justified in writing the answer as three months. We may observe that the finding on this aspect was also assailed by the petitioner in the present writ petition. While passing the order dated 26.5.2015, this Court has already rejected the submission. Thus, this issue stands closed.

(2.) The respondent was also directed to be awarded one mark by the Tribunal on account of his possessing an extra professional skill. The only dispute that is raised by the petitioner is, whether, the petitioner was entitled to get the said one extra mark.

(3.) According to the petitioner the said extra professional skill should have been acquired on or before 31.3.2011, which was stated to be the cutoff date for determining/ counting the age limit and service matters i.e. good / bad entries, whereas, according to the respondent - and as found by the Tribunal, the cut-off date in respect of extra professional skill should have been taken as the last date for submission of the application in response to the advertisement/ circular issued by the petitioner for consideration of promotion to the post of Head Constable.