Full Judgment Text
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PETITIONER:
CHOUDHARY GOUTAM KUMAR SARARN
Vs.
RESPONDENT:
DIRECTOR OF SPORTS AND YOUTHSERVICES ORISSA & ORS.
DATE OF JUDGMENT: 06/09/1996
BENCH:
RAMASWAMY, K.
BENCH:
RAMASWAMY, K.
G.B. PATTANAIK (J)
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
This special leave petition arises from the order of
the Central Administrative Tribunal, Bhubaneshwar Bench,
made on June 17, 1996 in QA No.875/94. Applications were
invited for recruitment to the post of Senior Auditor. The
petitioner who at the relevant time was working on ad hoc
also applied for selection to the said post. In the
selection, three candidates, viz., S. Sahu With Post-
Graduation in Commerce Rao with graduation Honours
Commerces and the petitioner With graduation in commerce.
Sahu secured in viva voce 17 marks; minimum qualification
would secured 2 marks whereas post-graduation would secure 5
marks out of the total 24 marks. Rao secured 15-1/2 in viva
voce, 2 marks for graduation, 3 marks for graduation in
Hononours amounting to total of 20-1/2 marks. The petitioner
secured 18 marks in viva voce, 2 marks in commerce
graduation amount to the total of 20 marks. Thus Sahu having
secured highest marks came to be selected. Impugning the
selection, the petitioner filed OA in the Tribunal. The
Tribunal rejected the same holding that the procedure
adopted was valid in law and no interference is called for.
Shri H.K. Puri, learned counsel for the petitioner,
contended that Rule 6 of Schedule I to the Orissa Auditors
Service Method of Recruitment & Conditions of Service)
Rules, 1987 provides that no extra weightage should be given
to the marks for academic qualification and that, therefore,
the award of the marks to Sahu and Rao for post-graduation
in Commerce and Commerce Hononours is illegal. We find no
force in the contention. Clause (6) of Schedule I to the
abovesaid Rules reads as under:
" 6. Academic qualification - The
marks secured from High School
Certificate examination to degree
examination shall be the basis for
awarding the marks for academic
qualification. No weightage shall
be given to higher examinations
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which the candidate might have
passed. The marks obtained by a
candidate in the academic
qualification test shall be added
to the marks obtained by him in the
test and the aggregate so obtained
shall determine his position inter
se in the select list to be
prepared by the Selection Board."
A reading of it would indicate that the marks secured
from High School Certificate examination to degree
examination shall be the basis for awarding the marks for
academic qualification. No weightage has been given for
higher examination which the candidate might have passed.
However, the second clause indicates that the marks
obtained by a candidate in the academic qualification test
shall be added to the marks obtained by him in the written
examination as well as viva voce test and the aggregate so
obtained shall determine his inter se position in the
select list to be prepared by the Selection Board. It would
thus be seen that the second part of the Rules gives power
to the Selection Board to award appropriate marks to the
academic qualification without giving weightage for post
graduation or Honours graduation since marks obtained by
such candidates for those qualification are to be added to
the marks obtained by him in the written examination as
well as viva voce test and the aggregate of all should be
the basis to determine inter se position in the select list
to be prepared by the Selection Board.
Thus, we hold that the process for selection of the
candidates adopted by the Selection Board is consistent with
clause (6) of Schedule I to the Rules. The Tribunal,
therefore, has not committed any error warranting
interference.
The special leave petition is accordingly dismissed. No
costs.