Facts
The applicant, an OBC candidate, participated in BSNL’s 2016 recruitment drive for 2,700 Junior Engineer posts
Source reference: p. 2He secured 112.05 marks, while the last selected OBC candidate secured 113 marks
Source reference: p. 2The first answer key indicated "0 and 1" (the applicant’s choice), but a revised second key changed the answer to "–1 and 1"
Source reference: p. 3This revision resulted in a loss of 1.25 marks for the applicant, placing him below the cutoff
Source reference: p. 3The applicant challenged the revision as scientifically incorrect, citing standard engineering textbooks
Source reference: p. 3During the pendency of the OA, the applicant was appointed against an unfilled vacancy on June 22, 2018, after furnishing an undertaking
Source reference: p. 9The respondents contended that the revision followed a report by a duly constituted Expert Committee after inviting objections
Source reference: para. 8Issues
1. Whether the respondents’ action in revising the answer key for Question No. 60 was illegal and whether the Tribunal can adjudicate the scientific correctness of an answer finalized by an Expert Committee.
Source reference: para. 11, 122. Whether a candidate, having participated in a selection process without protest, is entitled to challenge the selection methodology or answer key after being declared unsuccessful.
Source reference: para. 16, 18Law Applied
The Tribunal applied Clause 37 of the Recruitment Notification (26.04.2016), which explicitly prohibits revaluation
Source reference: para. 11It relied on the principle of administrative finality regarding Expert Committee reports, asserting that courts are not equipped to sit in judgment over technical expert bodies
Source reference: para. 15Precedentially, the court applied the doctrine of estoppel as established in Manish Kumar Shahi v. State of Bihar (2010) 12 SCC 576 and Ramesh Chandra Shah v. Anil Joshi (2013) 11 SCC 309, which holds that candidates who participate in a selection process with full knowledge of the rules waive their right to challenge the methodology subsequently
Source reference: para. 16, 17It further cited Union of India v. S. Vinodh Kumar (2007) 8 SCC 100 regarding the non-maintainability of challenges by unsuccessful candidates
Source reference: para. 19Reasoning
The Tribunal reasoned that the recruitment process was conducted transparently, involving a provisional answer key and a window for objections which were reviewed by an Expert Committee
Source reference: para. 8, 15It held that evaluating the correctness of technical answers is beyond the Tribunal's scope and that interfering with a finalized All-India merit list after nine years would cause undue disruption
Source reference: para. 12, 13The Tribunal emphasized that the applicant had already accepted an appointment in 2018 via an undertaking, thereby settling his individual grievance
Source reference: para. 9, 13By applying the Supreme Court's "participation without protest" rule, the Tribunal determined that the applicant was legally barred from questioning the evaluation process after failing to meet the initial merit cutoff
Source reference: para. 18, 20Holding
The Tribunal dismissed the Original Application, holding that it lacked the jurisdiction to override the technical findings of an Expert Committee
The Court ruled that since the applicant participated in the selection process knowing the rules and was subsequently appointed during the litigation, no further relief was warranted
Source reference: para. 13, 20The prayer to declare the revised answer key invalid was rejected, and the OA was dismissed as devoid of merits
Source reference: para. 20Original Court PDF
M ARUNKUMARvsBharat Sanchar Nigam Ltd
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