ASHUTOSH SHARMA Vs. UNION OF INDIA
LAWS(RAJ)-2012-9-180
HIGH COURT OF RAJASTHAN
Decided on September 26,2012

ASHUTOSH SHARMA Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

SANGEET LODHA,J. - (1.) THIS writ petition is directed against order dated 13.09.2012 of Central Administrative Tribunal, Jodhpur Bench, Jodhpur('CAT'), whereby Original Applications (OAs) preferred by the petitioners aggrieved by non-checking of their answer sheets and consequently non- selection on the post of Senior Permanent Ways Supervisor, stands dismissed.
(2.) THE petitioners working as Trollymen, Gateman, Trackman, Gangman, etc. in North Western Railway appeared in a Limited Departmental Competitive Examination conducted on 22.07.12. Having appeared in the examination, petitioners were hopeful and waiting for the favourable result. However, later on they came to know that their answer sheets have not been checked inasmuch as they had written their God's name in it. The petitioners' stand before the CAT was that they had written their God's name in the answer sheets just as mark of their religious faith and the instructions on answer sheets being in English, they could not understand the same. On the other hand, respondents took the stand that the act of the petitioners in writing their God's name in answer sheet was against the instructions printed on the front page of answer sheets itself in terms that examinees should not write their names or give any clue of their identity anywhere in the answer sheet.
(3.) THE CAT arrrived at the finding that the act of petitioners in writing God's name on the answer sheets cannot be viewed only as mere irregularity committed but as misconduct with malafide intention. The CAT found the OAs filed as frivolous and dismissed the same in limine. Hence, this petition.;


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