IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No. 328 of 2010. 1. THE UNION OF INDIA, THROUGH THE SECRETARY- CUM-D.G., DEPARTMENT OF POSTS, DAK BHAWAN, NEW DELHI, 2. THE CHIEF POST MASTER GENERAL, BIHAR CIRCLE, PATNA, 3. THE ASSISTANT POST MASTER GENERAL (VIG.), O/C THE CHIEF POSTMASTER GENERAL, BIHAR CIRCLE, PATNA, 4. THE POSTMASTER GENERAL, NORTHERN REGION, MUZAFFARPUR, AND 5. THE SUPERINTENDENT, RMS `NB’ DIVISION, SAMASTIPUR ……………………………. PETITIONERS Versus MANOJ KUMAR MANDAL, SON OF SRI RAMRUP DAS, RESIDENT OF VILLAGE – GUNJARA, POST – BISHANPUR, VIA – GURUBAZAR, DISTT. – KATIHAR …. RESPONDENT ----------- For the Petitioners:- Mr. Kumar Priya Ranjan, CGC. ----------- 2. 07.01.2010. Invoking extra-ordinary jurisdiction of this Court under Articles 226 & 227 of the Constitution of India, the petitioners, namely, the Union of Indian and its functionaries have called in question the legal validity of the order dated 02.06.2006 passed in O.A. No. 409 of 2004, whereby the tribunal after considering the facts brought on record and upon referring to the letter dated 28.02.1995, issued by the Department of Posts, and the letter dated 25.07.2002, issued by the Chief Post Master General, Bihar Circle, Patna has expressed the view as follows:- “8. It is clear from the Department of Posts letter 20% weightage have been given for the 2 performance of the candidate in the interview. Nothing is indicated in the scheme of Department of Posts that a candidate has to separately obtain a minimum marks in each of the sub categories so as to qualify for the selection. The aptitude test is of general knowledge and reasoning. 9. The respondents for reasons best known to themselves have not brought on record the reference made to GEQD or the reply received from them. The final order dated 5.7.2005 also does not refer to that aspect. 10. It is further seen that this order dated 5.7.2005 refers to lack of writing and thinking ability. It is expected that when the scheme of Department of Posts provides for an aptitude test of reasoning and general knowledge, the thinking ability has been properly checked. There is also nothing in the reply that the applicant has been confronted with the above opinion before rejecting his candidature.” In our considered opinion the reasonings ascribed by the tribunal are absolutely just and proper and the analysis made by it cannot be faulted. On the basis of the aforesaid analysis, the 3 tribunal has quashed the order whereby the candidature of the applicant before the tribunal was rejected and a direction was issued to consider the case of the applicant on the basis of the result of the examination held for the purpose of appointment of Sorting Assistant. A further direction has been given that in case of his selection, he will be entitled to seniority from the date his juniors had been appointed. Regard being had to the premises on which the order impugned is founded, we do not perceive any merit in this writ application and, accordingly, the same stands dismissed in limine. Dilip ( Dipak Misra, C.J. ) ( Dr. Ravi Ranjan, J. )