RAKESH KUMAR GUPTA Vs. BHARAT SANCHAR NIGAM LTD.

JUDGEMENT

(1.) THIS joint Original Application has been filed under Section 19 of the Administrative Tribunals Act, 1985 read with Rule 4 (5) of Central Administrative Tribunal (Procedure) Rules, 1987 seeking a declaration that the impugned Annexure A -2 select panel dated 08.07.2009 as amended by Annexure A -3 Corrigendum dated 10.07.2009 for the post of SDE (Civil) against Limited Departmental Competitive Examination (LDCE for short) quota is illegal and for a direction to the Respondents to hold the selection afresh in accordance with the rules in force. They have also made the alternative prayer to direct the Respondents to get the key answers corrected and re -examined the answer sheets of all the candidates accordingly, by an independent expert on the subject and also to re -examine the descriptive answer sheets by applying a uniform standard of marking and thereafter prepare a revised panel for the post in question and allow all consequential benefits.

(2.) THE brief facts: The Applicants were initially appointed to the post of Junior Engineer [re -designated as Junior Telecom Officers (JTO for short)] in Bharat Sanchar Nigam Limited (BSNL for short) on 21.03.2000, 23.04.1997 and 17.11.1999 respectively. The next promotional post for the post of JTO is Sub Divisional Engineer (SDE). The method of appointment is 67% of the promotional post to be filled up on the basis of seniority -cum -merit and remaining 33% on the basis of LDCE. In the case of the Applicants, the LDCE was held on 10.08.2008 in respect of all the BSNL Circles except that of J&K Telecom Circle. Subsequently, the examination for the candidates belonging to J&K Telecom Circle was also held on 15.02.2009. The examination consisted of two papers, first one being objective type and the second descriptive type, both carrying 100 marks each.

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