R. UMA MAGESH Vs. UNION OF INDIA

JUDGEMENT

(1.) WHILE working as a Postman, the petitioner herein appeared for LGO examination which held on 06.11.2009. He wrote all the three papers. In respect of Paper No. 1, the petitioner secured 39 out of 100 marks. After getting information under the Right to Information Act, 2005 and after obtaining answer book and key answers, the petitioner made a request for revaluation. The petitioner's request was rejected by the respondents 1 to 5. Challenging the same, an application was filed by petitioner before the Central Administrative Tribunal in O.A. No. 292 of 2011. The said application was rejected by the Tribunal. Hence, the present writ petition has been filed challenging the order passed by the Tribunal.

(2.) THE learned counsel for the petitioner submitted that some of the answers written by the petitioner have not been given any marks by giving 0 mark; insofar as Question No. 8, the answer given by the petitioner for Memorandum is also a correct one; further, there is no bar for entertaining revaluation in the light of the communication dated 02.08.2010 issued by the Government of India, Ministry of Communication and Information Technology of Posts. In support of his contention, the learned counsel for the petitioner made reliance upon the following judgments:

(3.) THE law governing revaluation is quite settled and it is no longer res integra. In the absence of any provision under the statutory rules/regulations, a Court of law shall not direct the authorities to do revaluation as a matter of course.