Harsh Kumar, J. - (1.) Order on Delay Condonation Application No. 1 of 2018 Cause shown is sufficient. Delay in filing the application is condoned. The delay condonation application is allowed.
(2.) The appeal shall be treated to be within time and the office shall give a regular number to the same. Order on appeal Heard learned counsel for the parties.
(3.) The appeal questions the correctness of the judgment dated 17th July, 2018 on the ground that the rules applicable have been incorrectly construed by the learned Single Judge, and consequently, a wrong conclusion has been arrived at. The second ground is that admittedly the appellant had obtained 88 marks which was the cut off marks of the last selected candidate but according to the appellant no preference could have been given to the said candidate merely because he had obtained lesser marks in the written examination than the last selected candidate. It is also urged by the learned counsel that the appellant had obtained higher marks in the interview. In the above circumstances, neither the rules have been construed appropriately nor there is any justification for giving preferential rights to the candidates who have obtained higher marks in the written examination to be placed above in merit to those who have obtained lesser marks.;