BEHRA R K Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is directed against the order of the Central Administrative Tribunal, Hyderabad Bench, at Hyderabad, (for short "the Tribunal"), dated 26-11-1999 in O.A. No.963 of 1998 dismissing the Original Application filed by the petitioner herein.

(2.) The precise question that arises for our consideration and decision in this writ petition is whether a candidate belonging to Scheduled Caste community who seeks appointment to the post of Foreman (GYRO) by way of promotion can claim as a matter of right or as a matter of course that the appointing authority should make good the deficit percentage of marks in the Departmental Qualifying Examination (DQE) by granting relaxation and adding requisite number of grace marks by virtue of the Administrative Instructions contained in G.I. Department of Per. & A.R., O.M. No.36011/6/79-Est. (SCT), dated 19-4-1979.

(3.) Before dealing with this precise question, the relevant background facts that led to the filing of this writ petition be stated briefly as under: