ANAMIKA Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) THIS Original Application under section 19 of the Administrative Tribunals Act, 1986 has been filed seeking issuance of direction to the respondents to treat 41 marks, as 45% of 92 marks by ignoring the fraction of 0.4 and declare the applicant as eligible for appointment to the post of Master/Mistresses (TGT).

(2.) THE respondents conducted the entrance test comprising of Paper I and II, both carrying 100 marks each. The applicant secured 71 marks out of 100 in paper I and 41 out of 100 marks in Paper II. In paper -II 8 questions were declared as invalid and as such it was decided to carry out evaluation of answers of only 92 questions. 45% marks was the cut off bench mark for being falling into zone of consideration. However, 45% marks of 92 would become 41.4 marks. No fraction of mark was allowed in the preparation of the result and as such a candidate could secure either 41 or 42 marks. If a candidate scored 42 marks out of 92, it would cross the rubicon of 45% which is not permissible as it would amount to extending cut off percentage to more than 45%. Thus, 41 marks would be the base marks for reaching to the minimum cut off marks of 45%, by ignoring the element of fraction. However, the applicant had obtained 45% by treating the base mark as 41 whereas if base mark is taken as 41.4 or more than that then he would fail and in any case it would amount to extension of bar to more than 45% which is not permissible. The attempt of the applicant to persuade the respondents to keep 41 as base marks for determination of 45% cut off mark fell on deaf ears forcing him to knock the door of this Tribunal for redressal of his grievance. Hence this Original Application.

(3.) THE respondents have resisted the claim of the applicant on the ground that she has secured only 44.56% marks in paper II (41/92*100) whereas the qualifying marks for each paper is 45% and as such a person having lower than 44.56% marks is not be included in list of qualified candidates and as such they have rightly not included her name for further consideration. The marks obtained by a candidate have to be compared with the parameter whether candidate has obtained 45% marks or not. If the parentage of marks obtained by a candidate is 45% or above, he or she will be in the list of qualified candidates and in any case his/her percentage is less than 45% then the name of such a candidate cannot be included in the list of qualified candidates. Absolute marks is not the basis to determine whether the candidate has qualified in the written test or not but the percentage of marks is the parameter to decide whether a candidate is to be included in the list of qualified candidates or not.