MULKULIKA DAS Vs. UNION OF INDIA

JUDGEMENT

(1.) BY this application the judgment and order dated 28th of September, 2006 passed by the learned Tribunal has been impugned. Kaushik Saha, the respondent No. 4 herein, has challenged the appointment of the applicant to the post of Gramin Daak Sevak Sub-Postmaster (in short GDSSPM) of the pantihal Branch Post Office. Both the aforesaid candidates participated in the selection process but the respondent No. 4 was unsuccessful. There were a number of eligibility conditions for the candidates for qualifying themselves for participation in the selection process. The relevant conditions are as follows :-

(2.) THE respondent No. 4, being unsuccessful, challenged the appointment of the applicant on the ground firstly that she did not have any landed property of her own at the time of making representation or appointment and secondly that she did not secure highest marks; rather the respondent No. 4 had secured highest marks.

(3.) THE application, before the learned Tribunal, was sought to be heard on some point and on that point only the learned Tribunal has recorded its finding. But at the time of argument, a question, whether the appointing authority had evaluated the inter se merit of the candidates on a rational standard, is said to have arisen. We do not know who raised this question whether the learned Tribunal itself has done so or by any of the learned counsel for the parties. But the pleadings show no such question was raised. Learned Tribunal found that the petitioner's High School Certificate, issued by the then Madhyamik Shiksha Mandal, Madhya Pradesh, Bhopal, is not equivalent to School Final/madhyamik Examination Certificate,furnished by other candidates.