UNION OF INDIA AND ORS. Vs. ABDUL HAKIM

JUDGEMENT

(1.) We have heard Mr. H.K. Das, learned Standing Counsel, N.F. Railway appearing on behalf of the Petitioners. Also heard Mr. S. Dutta, learned counsel appearing for the sole respondent.

(2.) The Respondent herein is working as a Senior Lecturer in the Supervisor Training Center, N.F. Railway, New Bongaigaon. The Railway authorities issued notification dated 28.01.2013 for selection to the post of AME/AWM (Group B) against 30% Limited Departmental Competitive Examination for promotion from Group C to Group B posts. Pursuant to the aforesaid notification, the respondent herein appeared in the written test held on 03.08.2013 and after qualifying in the written test, he was called for viva-voce from 28.09.2013. The qualifying mark for the written examination is 90 and in record of service and viva-voce taken together is 30 marks. The candidate had to secure at least 15 marks in record of service. There is no qualifying mark in the viva-voce. The respondent had participated in the selection process and he secured 205 marks in the written examination and qualified for the next stage, i.e. record of service and viva-voce. However, he failed to secure 30 marks out of 50 marks in viva-voce and record of service taken together, which lead to his non-empanelment.

(3.) The respondent challenged the select list on the ground that he has secured 2nd highest marks in the written examination as well as in total marks and has been deprived from selection for an oblique intention on the part of the Railway authorities, which has vitiated the entire selection process.