M. SEBI LOUIS, S/O. M.T. LOUIS, TELECOM TECHNICAL ASSISTANT, BHARAT SANCHAR NIGAM LTD. AND ORS. Vs. UNION OF INDIA (UOI), REPRESENTED BY THE SECRETARY, MINISTRY OF COMMUNICATION AND ORS.
HIGH COURT OF KERALA
M. Sebi Louis, S/O. M.T. Louis, Telecom Technical Assistant, Bharat Sanchar Nigam Ltd. And Ors.
Union Of India (Uoi), Represented By The Secretary, Ministry Of Communication And Ors.
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Jawahar Lal Gupta. C.J. -
(1.) THE petitioners complain that the Central Administrative Tribunal, had erred in holding that "the applicants who have been affected because of the highly descriptive and non -objective questions in Mathematics and Physics deserve to be awarded suitable additional marks by way of moderation . . ." Is it so? This is the primary issue that arises for consideration in the petition, viz., O.P. No. 39672/2002. The relevant facts may be briefly noticed.
(2.) THE petitioners as well as respondent Nos. 4 to 11 are working as Telecom Technical Assistants. The next higher post is that of Junior Telecom Officer. The appointment to the post of Junior Telecom Officer is regulated by Junior Telecom Officers' Recruitment Rules, 1996. Under the Rules, 50% posts have to be filled up by direct recruitment. 35% posts fall to the share of the persons who pass the qualifying screening test The remaining 15% are filled up by competitive selection from amongst the Telecom Technical Assistants and persons belonging to the Group C service. In the present case, the controversy centers on the examination for appointment against the 35% posts. The candidates have to appear in a qualifying screening test. The syllabus etc. was laid down by the Department vide Instructions, a copy of the relevant extract of which has been produced as Ext. R4 (2). It was inter alia provided that the candidates would appear in "one paper of 100 marks of 2 1/2 hours' duration. The qualifying marks will be 40 for open category and 33 for Scheduled Castes/Scheduled Tribes. Questions will be objective type except in the paper of English." The question paper was consisting of 4 parts viz. Part A - English; Part B - General Mathematics; Part C - Physics and Part D - Departmental Practice. Parts A and B were to carry 20 marks each. Parts C and D were allocated 30 marks each.
(3.) ON November 30, 1999, the Department issued a notification indicating its intention to hold the test. Sometime later, another notice dated January 6, 2000 was issued. The candidates were asked to submit their applications. On March 8, 2000, the Department issued a Circular notifying that the examinations shall be held on April 30, 2000. The other conditions, as noticed above, were also stipulated in that notice. A copy of this notice is on record as Ext. P2. The test was held. The result was announced on September 19, 2000. The petitioners claim that they had secured the requisite % age of marks and qualified the test.;
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