KANTI SWARUP SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Present appeal has been filed against the judgment and order dated 23rd May, 2005 passed by the learned single Judge whereby the writ petition preferred by the appellant challenging the letter dated 1.4.2003 and supplementary result declared in pursuance thereto issued by the Assistant general Manager (Estt.) Bharat Sanchar Nigam Ltd., New Delhi, respondent No. 4 as also seeking a writ of mandamus directing the respondents to consider the promotion of the petitioners for the post of Junior Telecom Officer under 15% quota for the vacancies in terms of the relaxation in qualifying standards as provided in Clause 3(III) of the departmental letter dated 10.3.2003 has been dismissed. We have heard Sri Rajesh Singh, learned counsel appearing for the appellant, and Sri Devi Shankar Shukla learned standing counsel appearing for respondents, perused the impugned order dated 23rd May, 2005 passed by the learned single Judge giving rise to the present appeal, grounds taken in the memo. of appeal and the documents filed alongwith it.

(2.) The appellant claimed relaxation in terms of the circular letter dated 10th March, 2003. The respondents have not given relaxation to them on the ground that under Clause 3(iv) relaxation could only be granted to the examination held in the years 1999/2000 whichever is later and as examinations were held in the year 2000 and the appellants appeared in the year 1999, they cannot be granted relaxation. The learned single Judge held that the appellants are not entitled to get the benefit of relaxation and dismissed the writ petition.

(3.) Before us, Sri Rajesh Singh, learned counsel for the appellant submitted that the departmental examinations were held on 15/16th May, 1999 and even though the examinations were scheduled to be held on 17/18th June, 2000 but it was postponed and subsequently it was held on 17/18th February, 2001. He, thus submitted that the examinations held on 17/18th February, 2001 cannot be taken to be the examinations of the year 2000. According to him relaxation was, thus, available to the appellants in terms of the circular letter dated 10th March, 2003.