OIL INDIA LTD. Vs. SWAPAN GOGOI

JUDGEMENT

(1.) Heard Mr. SN Sarma, learned senior counsel assisted by Mr. A Sarma, learned counsel appearing for the appellant. Also heard Mr. GP Bhowmick, learned counsel for the respondent.

(2.) This intra Court appeal is directed against the order dated 13.5.2013 passed by the learned Single Judge whereby he has disposed of respondent's WP(C) 430/2012 with the direction to evaluate his Computer Operation Skill by treating him as qualified in the written examination and subject to the outcome of the said test, future course of action shall follow.

(3.) The respondent had subjected himself to written test held by an Expert Body i.e. Indian Institute of Bank Management on behalf of Oil India Limited, the appellant as per recruitment process for selecting eligible candidates for the post of Junior Assistant -I (Clerk -cum - computer Operator) Grade -V. Qualifying cut off marks for the written test was set at 50% and the marks of respondent after all re -check could reach only 49.5%. The respondent aggrieved with the evaluation of his answer -sheet filed WP(C) 430/2012. The question and its answer which became crux of the issue and the main subject for adjudication was Question No.22. It reads as under: