VINOD KUMAR S O SRI CHANDRA KIRAN Vs. JOINT DEPUTY DIRECTOR GENERAL D E DEPARTMENTAL EXAMINATION BRANCH BHARAT

JUDGEMENT

(1.) Heard Sri L.C. Srivastava, learned counsal for the petitioner and Sri B.N. Singh learned counsel appearing on behalf of the respondent.

(2.) The petitioner was an applicant for promotion as junior Telecom officer. Out of the total number of posts of Junior Telecom officer, 50% were to be filled up by promotion and 50% by direct recruitment. Out of the quota for promotion, 35% was to be filled up from amongst technical post holders and 15% from amongst non-techinical post holders. Promotion of both the categories was to be made by selection which, in the present case, was through a written examination. The petitioner was an applicant from amongst technical post holder. For both the classic, the cut off marks for such promotion was fixed at 40% The petitioner admittedly secured 34% in the examination and hence was not selected. Since the respondents could get sufficient number of candidates from amongst the technical post holders who had secured 40% or above, hence 35% quota for promotion from amongst technical post holder had been filled up as per the initial circular issued by the respondents. Since from amongst the non technical post holders, sufficient number of candidates had not secured 40% marks and the 15% promotion, which was to be given to non technical post holders only, could not be transferred to any other category, hence the respondent-authorities issued a Circular bringing down the cut off percentage for non technical category from 40% to 30% The respondent-authorities thus filled up the 15% promotional post from amongst the non technical post holders after reducing the cut off percentage for them.

(3.) The petitioner contends that since the non technical post holders have been given the benefit of reduction of cut off percentage from 40% to 30% the petitioner, who is a technically qualified person should also be given the same benefit and thus since he had acquired 34% marks in the examination conducted by the respondents for such promotion, he should also be granted promotion as junior Telecom officer.