Vineet Saran, J. - (1.) Since common questions of law and facts and involved in both these writ petitions hence they have been heard together and are being disposed of by this common judgment.
(2.) The writ petitioners are working as Telecom Technical Assistants in Bharat Sanchar Nigam Limited. The admitted position is that 35% of the posts of Junior Telecom Officers are to be filled up by promotion from amongst the Telecom Technical Assistants. The examinations for such promotion were initially to be held on 11.4.1999 but were thereafter postponed for 30.4.2000. The qualifying marks to be obtained by a candidate for selection/promotion on the post of Junior Telecom Officer was 40% marks. The petitioners in both the writ petitions had appeared in the said examinations and were declared unsuccessful as they could not obtain 40% marks. The respondent Nos. 4, 5 and 6 of Writ Petition No. 54100 of 2002 were initially not declared as selected for promotion because they had obtained less than 40% marks but on re-assessment, the marks obtained by them were determined to be more than 40% and hence they were declared selected. Aggrieved by the action of the respondents in not promoting the petitioners, alleging that there were irregularities in the conduct of the examinations and the procedure adopted for reassessment of the answer books of the petitioners and other candidates, they have filed these writ petitions.
(3.) In Writ Petition No. 53947 of 2002, Dinesh Kumar v. Bharat Sanchar Nigam Limited and Ors., the following prayers have been made to issue a : "(a) Writ in the nature of mandamus directing the respondents to produce the answer books of the petitioner before this Hon'ble Court and further be pleased to get it revalued from an expert examiner. (b) Writ, order or direction in the nature of mandamus directing the respondents to keep one post of Junior Telecom Officer reserved/ vacant during the pendency of this writ petition. (c) Writ, order or direction which this Hon'ble Court may deem just, fit and proper in the facts and circumstances of the case to meet the ends of justice. (d) Award cost of this writ petition to be paid to the petitioner.";