ARVIND KUMAR Vs. CENTRAL ADMINISTRATIVE TRIBUNAL AND ORS.

JUDGEMENT

(1.) THROUGH the instant writ petition the petitioner has impugned the order passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as "the Tribunal") in Original Application No. 62/CH of 2009 decided on 1.9.2009. The same order rendered by the Tribunal has also been impugned by the Post Graduate Institute of Medical Education and Research (hereinafter referred to as "the PGI") through CWP No. 17344 of 2009. Yet another! writ petition has been preferred against the aforesaid order rendered by the Tribunal in CWP No. 16275 of 2009, by those who were arrayed as private respondents in the aforesaid Original Application No. 64 -CH of 2009. All the aforesaid three writ petition are being disposed of through this common order.

(2.) TWO issues arise before us for our consideration in all these writ petitions. Firstly, whether the petitioner Arvind Kumar who has approached this Court through CWP No. 16462 of 2009 was eligible for appointment against the post of Store Keeper. In so far as the instant issue is concerned, undisputedly the eligibility conditions prescribed by the PGI were as under:

(3.) THE second question that falls for our consideration is, whether or not it was open to the PGI to alter the criterion stipulated by itself, for all processes of selections at the PGI. In this behalf, it would be pertinent to mention, that in the selection criterion determined by the PGI 85% marks were allotted for written examination, as against 15% marks for viva -voce. In derogation to the aforesaid criterion the Selection Committee adopted the criterion of 80 marks for the written examination and 20 marks for the interview. The Tribunal accordingly set aside this process of selection with the direction that the same should be re -conducted.