Madhya Pradesh High Court
Bharat Sanchar Nigam Ltd Thr vs Pawan Kumar Shrivastava on 11 May, 2018
Equivalent citations: AIRONLINE 2018 MP 320
1
THE HIGH COURT OF MADHYA PRADESH
R.P. No. 234/2017
(Bharat Sanchar Nigam Limited and others
Vs.
Pawan Kumar Shrivastava)
Gwalior, 11/05/2018
Shri Rajendra Bhargava, learned counsel for the
petitioners.
Shri Dharmendra Dwivedi, learned counsel for the
respondent.
Review of order dated 24/08/2016 passed in Writ Petition No. 5837/2014 is being sought vide present petition.
The Writ Petition was directed against the order dated 24/07/2014 passed by the Central Administrative Tribunal in Original Application No. 198/2011 whereby the Tribunal had declined to cause any indulgence in respect of the relief sought for direction to the respondents to award correct marks qua question No. 10 answered by him in the Limited Internal Departmental Competitive Examination for appointment to the cadre of JTO (Civil/Electrical).
The writ petition was allowed in the following terms:-
"We have considered the submissions made by learned counsel for the parties.2
The relevant extract of the question No.10 and answer reads as under:-
Ikz'u 10% fuEu js[kkfp= esa ekaxh xbZ phtksa dks vafdr djs %& i d% MsoyiesaV ysUFk ii [k% csaM iii x% doj iv ?k% LVhjIl v M% 'kh;j fjQkslZeasV vkosnd }kjk fn;k x;k iz'u dz0 10 dk mRrj iz'u dz- 10
(a)-ii [k- csaM
(b)-ii ?k- LVhjIl
(c)-v M- 'kh;j fjQkslZesaV
(d)-i d- MsoyieasV ysUFk
(e)-iii x- doj It is not in dispute that the petitioner has answered the questions correctly. When a query was put to the learned counsel for the respondents as to what procedural irregularity the petitioner has committed, we were apprised that the petitioner ought not to have written the numbers in small roman script before answering the questions. In our considered opinion, even if the petitioner had written the numbers in small roman before the correct answer, it is incomprehensive that the valuer was unable to understand the answer given by the petitioner which is admittedly correct."3
That in pursuance to order dated 20/04/2018, petitioner has brought on record the hindi answer key wherein the model answer to the question No. 10 attempted by the respondent/petitioner is as under:-
"iz'u 10% fuEu js[kkfp= esa ekWxh xbZ phtksa dks vafdr djsa%& 15 vad izR;sd ds fy, 3 vad% d% MsoyiesaV ysUFk [k% csaM x% doj ?k% LVhjIl M% 'kh;j fjQkslZeasV"
Evident it is that there is mismatch in respect of answer attempted by the petitioner. Thus, error apparent on the face of record has crept in while passing the order dated 24/08/2016.
Consequently, the order is recalled. Writ Petition is restored to its original number and is directed to be posted for hearing in the week commencing 25th June, 2018.
Review petition is disposed of finally in above terms.
(Sanjay Yadav) (S.A. Dharmadhikari)
Judge Judge
shubh*
Digitally signed by SHUBHANKAR MISHRA
Date: 2018.05.14 11:19:30 +05'30'