P SEKAR Vs. R GUNASEKARAN

JUDGEMENT

(1.) These review applications are filed to review the order dated 4 December, 2012 in W.P.Nos.4819, 4820, 12142, 24085, 24086 of 2010, 23389 and 23390 of 2012, whereby and where under, the Division Bench was pleased to dismiss the writ petitions filed by the applicants, challenging the common order passed by the Madras Bench of the Central Administrative Tribunal, setting aside the selection to the post of Assistant Commercial Tax Officer in the Union Territory of Puducherry on account of awarding grace marks.

(2.) The Review applications are at the instance of the Government of Union Territory of Puducherry and other petitioners in the writ petitions. The petitioners in the writ petitions, who are the applicants in the Review Application Nos.126,128 to 130 of 2013, are hereinafter referred to as "Applicants" and the respondents in the writ petitions, who were the applicants in the Original Applications are referred to as "Respondents".

(3.) The applicants and the respondents submitted applications for appointment to the post of Assistant Commercial Tax Officer, pursuant to the notification issued by the Government of Puducherry. The review applicants were selected by the Recruitment Committee. The select list was challenged by the respondents before the Central Administrative Tribunal primarily on the ground that the Selection Committee erred in awarding 10 marks as grace marks taking into account the out of syllabus questions relating to Central Sales Tax Act. The respondents contended that awarding even a single mark as grace mark would affect the selection process. The respondents, therefore, made a prayer to quash the Select List dated 4 December, 2006 and a consequential prayer to select the candidates on the basis of the marks obtained in the Limited Departmental Competitive Examination held on 26 November, 2006.