UNION OF INDIA Vs. AJAY KUMAR

JUDGEMENT

(1.) Aggrieved by order dated 23.01.2013 in and by which the Central Administrative Tribunal allowed O.A. No. 108 of 2011 (R) with a direction to the Department to reconsider re-evaluation of the Answer-Sheets of the applicant and to complete the exercise within four months from the date of communication of order, the present writ petition has been filed.

(2.) We have heard Mr. Md. Mokhtar Khan, the learned counsel appearing for the petitioner who has submitted that in view of Rule 15 of Appendix No. 37, re-evaluation of Answer-Book and re-evaluation of Answer-Script are not permissible under any circumstance. It is further submitted that the learned Tribunal fell in error in holding that Rule 15 of Appendix 37 (Part-I) has been over-ruled by the Department itself vide Instruction dated 02.08.2010 in as much as, Instruction dated 02.08.2010 also clearly spells out that in cases in which all the answers were evaluated, there is no need to consider the request for re-evaluation and such request merits rejection at the initial stage itself.

(3.) Per contra, the learned counsel appearing for the respondent has submitted that admittedly, marks awarded to the applicant in Paper-II and Paper-III have been raised without disclosing the necessary details. In similar circumstance in O.A. No. 649 of 2008, O.A. No. 146 of 2009 as also in O.A. No. 255 of 2011, the prayer for re-evaluation of the Answer-Sheets by an independent examiner has been allowed by the Tribunal and therefore, the writ petition is liable to be dismissed. It is further submitted that in view of the Instruction dated 02.08.2010, in so far as, the grievance raised by the applicant/respondent for re-evaluation of Answer-Sheets of Paper-II and Paper-III is concerned, it is covered under Clause i, ii and iii of the said Instruction.