C.W.P.No. 7005 of 2011 (O&M) -1- In the High Court of Punjab and Haryana at Chandigarh C.W.P.No. 7005 of 2011 (O&M) Date of Decision: August 02, 2011 Union of India and others ---Petitioners versus Devi Shankar Sharma and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE GURDEV SINGH *** Present: Mr. Jagdish Marwaha, Advocate, for the petitioners Mr. Amit Sharma, Advocate, for Mr. R.K.Sharma, Advocate, for respondent No. 1 *** 1. To be referred to the Reporter or not? 2. Whether the judgment should be reported in the Digest? Gurdev Singh J. The petitioners have filed this writ petition for the issuance of a writ of certiorari for quashing the order dated 13.12.2010 passed by the Central Administrative Tribunal, Chandigarh Bench, Chandigarh (hereinafter referred to as “the Tribunal), dismissing the application of Devi Shankar Sharma, respondent-1 /applicant for quashing the impugned order regarding C.W.P.No. 7005 of 2011 (O&M) -2- cancellation of the selection of the applicant as JE-II from the post of Technician Gr.I and reverting him to the post of Technician Gr.I. According to the applicant, he was working as Technician Gr.I (T&C) Fitter and was eligible for promotion as JE-II. A written test was held on 14.9.2007 for filling up one post of JE-II, which was to be filled up from Intermediate Apprentice Quota. He being eligible, applied for that post. The written test was held on 14.9.2007 in which he did well and qualified. As per the advance correction slip issued by the petitioners at the time of selection, 50 marks were earmarked for Proficiency Ability, 30 marks for record of service and no marks were to be given regarding seniority. Without following that criteria, the Selection Committee arbitrarily selected one Lal Chand by awarding 20 marks for seniority. That selection being arbitrary and illegal, was challenged before the Tribunal through O.A.No. 620/PB of 2008, which was accepted, vide order dated 31.8.2009. A direction was issued by the Tribunal to make this selection in the light of the observation made in the order and appoint him as JE-II from the due date. That order was challenged by Lal Chand by filing CWP No. 17108 of 2009, which was dismissed in limine on 14.12.2009. No further appeal was filed and, as such, that order has attained finality. While implementing that order, panel of selection was amended and his name was included in place of Lal Chand. Thereafter, he was deputed for training for 18 months, which is required before appointment to the post of JE- II. In pursuance of the order dated 3.2.2010, he submitted the joining report as Trainee JE-II in Technical Training Centre at Patiala, on 14.2.2010. He was sent for further training to Supervisors Training Centre, Ajmer, vide order dated 30.3.2010 and that training consisted of three sessions . He completed the first session and thereafter, was getting the training during the second session when he applied for leave from 2.8.2010 to 7.8.2010 to attend to his C.W.P.No. 7005 of 2011 (O&M) -3- ailing wife, who was a cancer patient and was getting treatment from PGI, Chandigarh. Notice dated 30.7.2010 was placed on the notice board of the office to the effect that his selection as JE-II has been cancelled due to some irregularities. Order dated 4.8.2010 was passed to initiate action to fill up the said post of JE-II, by inviting 30 candidates, including himself, for written test. In the application, he prayed for the following reliefs:- “(a) To quash the order No. DMW/PS/190 JE-II/ T&C dated 30.7.2010 (Annexure A-1 not served upon the applicant till date as it has been pasted at the Notice Board of the T.R.S. Shop at Patiala of the applicant and he has been arranged the copy of this order from his own sources)whereby the Selection Panel selecting the applicant as JE-II from the post of Technician-I has been cancelled and the applicant has been ordered to be reverted to the post of Technician -I, without serving any Show Cause Notice or granting any opportunity of being heard and also ignoring the fact that the applicant had already been sent on training by them for the of JE- II; (b) To quash Order No. DMW/PS/190 JE-II /T&C dated 4.8.2010 (Annexure A-1), passed in continuation of the order dated 30.7.2010, Annexure A-1, whereby the respondents have notified that a written test will be conducted for the post of JE-II(on which the applicant had been selected and sent for training) and names of 30 candidates (including the name of the applicant) have been mentioned, who are invited/called for participating in the written test; ( c ) For issuing direction to the respondents to adhere to the selection already made by them for the post of JE-II by selecting C.W.P.No. 7005 of 2011 (O&M) -4- the applicant and also by sending him to undergo the training of the said post at Ajmer, Rajasthan with a further direction to post him as JE-II after completion of the training, with all the consequential benefits.” The petitioners pleaded in their reply that a candidate is to be promoted to the post of JE-II only after successful completion of the training against 25% Intermediate Apprentice Quota and the applicant has not completed that training. One Partap Singh, who was also a candidate and had also appeared in the general selection, along with the applicant, alleged that certain irregularities had been committed in the evaluation of the answer sheets. After the case was examined in the light of those irregularities in the evaluation of the answer sheets, the panel of selection of the applicant was cancelled, vide notification dated 30.7.2010 and copy thereof, was sent to him through post but he attempted to evade the service of that notice. Glaring irregularities were found in the answer-sheets when those were scrutinized. After having heard learned counsel for the parties and going through the record, the Tribunal quashed the order regarding the cancellation of the selection of the applicant. We have heard learned counsel for both the sides. It was submitted by learned counsel for the petitioners, who produced in Court the answer sheets of the candidates, who appeared in the examination for promotion to the post of JE-II from Intermediate Apprenticeship Quota, that a complaint was received that irregularities had been committed in the evaluation of the answer sheets and after thorough enquiry, it was found that the marks awarded for different questions had been changed. It was in view of those irregularities that the selection process and the consequent selection panel were cancelled and notification was issued for C.W.P.No. 7005 of 2011 (O&M) -5- holding the written test afresh. The Tribunal failed to appreciate the irregularities, so committed and as such, order passed by it cannot be sustained. We have carefully examined the answer sheets, which were so produced by the counsel for the petitioners. It is a fact that some corrections have been made in the marks, which were initially awarded for different questions, but all those corrections were duly signed/initialled by the examiner. In that eventuality, it cannot be held to be an irregularity. To err is human. The examiner may make mistake while writing down the marks and it is within his competence to correct the same. The position would have been different, if the corrections made in those marks had not been initialled by the examiner. It was rightly concluded by the Tribunal that under the Rules, the rechecking of the answer sheets is not permissible and only recalculation of marks can be done. It is pertinent to note that the margin of the increase/decrease of the marks, while making the correction, is so small that the same need not be taken notice of. We do not find any infirmity or illegality in the order of the Tribunal. Accordingly, this writ petition is dismissed. Further no order is made as to costs. (M.M.KUMAR) (GURDEV SINGH) JUDGE JUDGE August 02, 2011 PARAMJIT