RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) Both the writ petitioner applied for the post of sub-inspector (executive). However, writ petitioners became unsuccessful in getting the employment. According to them although the private respondent got lesser mark in the written test the appointment was given to the private respondents. Hence, this writ petition.

(2.) In the recruitment process there had been two stages of examination, written test for 200 marks and interview for 100 marks. Both the writ petitioners got higher marks that the private respondents. However, they failed in the interview having scored less than 40% marks and as such they were not given any employment.

(3.) It was contended on behalf of the writ petitioner that the rules provided for written test, physical efficiency test and interview. The rules were silent with regard to allotment of marks in respect of interview. However, the respondent authority relying on a circular issued by the Director General, Railway Protection Force dated 14th January, 1988 made it clear that a successful candidate must obtain 40 marks out of 100 marks in the interview to qualify.