SURESHKUMAR PASI Vs. UNION OF INDIA

JUDGEMENT

(1.) WE have heard Mr. M.S.Shah, learned counsel assist by Mr. P.M.Dave, learned advocate for the petitioners and Mr. Ravi Karnavat, learned advocate appearing for the respondents.

(2.) THIS petition has been filed challenging the order of Tribunal dated 30/10/2009 passed in OA No. 112/2007 with MA No. 339/2009. The petitioners were working in the office of Deputy Chief Material Manager, Dahod and the order dated 8/10/2005 was issued promoting eleven persons on the post of Clerks against 33.1/3% quota. While promoting the petitioners, there was condition that the petitioners would have to appear in Typing Test within a period of two years thereafter and they have to become successful. The petitioners appeared in the Typing Test and one candidate declared successful. However, the respondents by order dated 3/4/2007 cancelled the typing test in the interest of principle of natural justice. The petitioners filed OA challenging that the Typing Test could not be cancelled without assigning any reason or without there being any material as what was the reason for cancelling the examination.

(3.) MR . Shah, learned counsel for the petitioner has urged that in the affidavit in reply before the Tribunal, the respondents have pointed out that on the basis of circular, Typing Test was cancelled. According to him, this circular was not applicable.