Central Administrative Tribunal - Delhi
Sunil Kumar Ii vs Department Of Telecommunication on 23 January, 2024
1 OA No. 1164/2023
Central Administrative Tribunal
Principal Bench: New Delhi
OA No.1164/2023
Order reserved on: 04.01.2024
Order pronounced on:23.01.2024
Hon'ble Mr. Anand Mathur, Member (A)
Hon'ble Mr. Manish Garg, Member (J)
Sunil Kumar-II
(Aged about 52 years),
S/o Sh. Prem Nath (Group-C)
R/o APSO, AMPC, New Delhi-110037.
....Applicant
(By Advocate: Mr. B.L.Wanchoo and Mr.
G.D.Chawla)
Versus
1. Union of India through its
Secretary,
Department of Telecommunication
20, Ashoka Road,
Sansad Marg, New Delhi-110001.
2. The Director
Recruitment and Establishment
Deptt. Of Post
O/o Chief Post Master General
Delhi Circle, Meghdoot Bhawan,
Link Road, New Delhi-110001.
3. The SSRM,
O/o Air Mail Sorting Division,
New Delhi-110021.
4. The Senior Superintendent,
Department of Posts,
O/o Air Mail Sorting Division,
New Delhi-110021.
... Respondents
(By Advocate: Mr. Anil Kumar Mishra)
2 OA No. 1164/2023
ORDER
By Hon'ble Anand Mathur, Member (A) The instant Original Application (OA) has been filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985, seeking the following relief:
"(i) To quash and set aside the impugned order dated 13.03.2020.
(ii) to direct the respondents to declare the applicant successful in the Limited Departmental Competitive Examination as per the result declared vide circular dated 24.01.2020.
(iii) Pass any further order as this Hon'ble Tribunal deems fit in the facts and circumstances of the case."
2. Brief facts of the case, as projected by the learned counsel for the applicant, are that the applicant is working as MTS Group 'C' in Postal Department and posted in APSO, AMPC Division, New Delhi. The Postal Department vide its order dated 05.02.2020 invited applications from Postman, Mail Guard, Dispatch Rider and MTS Cadre for appearing in Limited Departmental Competitive Examination for the year 2019, i.e., 01.01.2019 to 31.12.2019 to be held on 15.09.2019. Being eligible, applicant appeared in 3 OA No. 1164/2023 the test for the post of Postal Assistant/Sorting Assistant in Postal Division/Units (including PSD), RMS, MMS and FPO for the year 2019.
2.1 In the result declared vide order dated 24.01.2020, name of the applicant appeared at serial no.57. Thereafter, again an order was issued on 11.02.2020 by the Department of Posts declaring the final result where his name was not shown despite his qualifying the exams in terms of order dated 24.01.2020.
2.2 Aggrieved, the applicant made a representation dated 14.02.2020 seeking inclusion of his name in the list of selected candidates as he had already been declared qualified vide order dated 24.01.2020 by the Department. However, the Postal Department, vide letter dated 03.03.2020 rejected the representation of the applicant on the ground that "there is no reservation for OBC employees, in the departmental examinations and OBC category is equivalent to OC category in all LDCE exams conducted by the Department. Hence, the qualifying percentage of OBC in DEST (Data Entry Skill Test) will be 4 OA No. 1164/2023 equivalent to OC, i.e., 50% and qualifying marks will be 12.5. Hence, there is no merit in the representation".
2.3 Learned counsel for the applicant contended that reply of the Department is not sustainable in the eyes of law as, firstly, the department has already declared the applicant as qualified and secondly, he has nowhere asked for reservation. Hence, the reply is not specific but evasive and commenting on issue of reservation which was never raised by the applicant. Thirdly, even if there is no reservation in LDCE and the candidate has to be treated as general category still he has secured more than 12.5 marks. Hence, the impugned order dated 13.03.2020 is required to be quashed and set aside.
3. Per contra learned counsel for the respondents stands by the arguments put forth in the counter affidavit and stated that the applicant did not qualify Paper-III (i.e. DEST) hence did not secure position in the merit list of the selected candidates. He further stated that there is no reservation for OBC candidates in departmental examinations in 5 OA No. 1164/2023 terms of DOP&T's OM No.36011/6/2010-Estt. (Res.) dated 25.06.2010. As such OBC category was taken equivalent to OC category (open/general category). Hence, the qualifying percentage for OBC in Date Entry Skill Test(DEST) is treated as equivalent to OC i.e. 50%. Thus, qualifying marks for Paper-III of above said exam will be 12.5 out of
25. However, the applicant has secured 12 out of 25 marks.
4. We have carefully considered rival contentions of the parties and perused the pleadings available on record.
5. At the outset, we have no doubt regarding the fact that there is no provision for reservation of OBC employees in departmental promotions. We do not deny the contention of the respondents that there is no reservation for OBCs in promotion and hence, the applicant cannot seek benefit under OBC category in the instant OA. However, while going through the pleadings we find that at page 21 of the OA the applicant has reproduced a copy of "Off- line application developed by CEPT for Conducting 6 OA No. 1164/2023 Data Entry Skill Test (DEST)- User Manual". The relevant portion of which is reproduced below:-
"Off-line application developed by CEPT for Conducting Date Entry Skill Test (DEST)- User Manual Pattern of the Test:
As per Directorate letter no.F.No.17-08/2018-SPN- I dated 11.12.2019.
Purpose:
LDCE for recruitment to the cadre of PA/SA from Postman/MG/MTS/GDs has been conducted on 15.9.2019. Paper III of the examination i.e. Date Entry Skill Test(DEST) for those candidates who qualified in both Paper I and Paper II of the above examination dated 15.09.2019 is to be conducted by the Circles. Hence, the release of this application.
Key Features:
1. It is an off-line application for conducting Data Entry Skill Test (DEST) to the candidates qualified in LDCE for PA/SA.
2. Application folder has to be copied in all the Desktops/Systems where candidates has to attend the Test. As it is a client based application.
Internet connectivity to the desktop/system is not mandatory. Printer has to be connected (Standalone/Network printer) for taking print out of the Evaluated answer sheet).
3. Duration of the Test is 15 Minutes.
4. Data Entry of 600 Key depressions (+-5%) has to done.
5. Maximum Marks for the Test - 25 Marks. All the letters of the paragraph are case sensitive. Candidate has to enter Capital and Small letters as per paragraph given.
6. Minimum Qualifying Marks for the Test w.r.t. community of the Candidate: General-50% (12.5), OBC/EWS-45% (11.25), SC/ST-40% (10), PWD 40%(10).
7. No login credentials required. Candidate has to Run the application and enter basic details of Roll Number, Name and Community correctly in the columns provided. Candidate has to read all 7 OA No. 1164/2023 the instructions given and click on Check Box to Enable the 'Start Test' Button.
8. Once "Start Test" button is clicked, timer will run for 15 minutes showing the time left to the candidates.
9. After 'Start Test', display screen will show two windows one for the given paragraph and the other for the candidate to type the paragraph....." As may be seen from para 6 above, the minimum qualifying marks for DEST have been prescribed as 50% (12.5) for general candidates, for OBC/EWS candidates 45% (11.25), for SC/ST candidates 40% (10) and PWD 40% (10). These are the minimum qualifying marks which the respondents themselves have prescribed. This classification of marks has been prescribed irrespective of the fact that there is no reservation for OBC in departmental examinations.
6. The whole issue in the instant OA hinges on the minimum qualifying marks which would be applicable to the applicant in the OA. It is an undisputed fact that the applicant belongs to OBC category and the respondents themselves have prescribed the classification of marks (supra) vide the aforementioned conditions of the User Manual for this particular test i.e. Data Entry Skill Test (DEST), they are bound to follow their own rules. 8 OA No. 1164/2023 All the conditions prescribed therein would obviously have to be followed by the department. Since one of the conditions prescribes 45% marks (11.25) for OBC/EWS candidates, the respondents cannot disown the conditions prescribed by themselves.
7. Coupled with this, we also find that the applicant has nowhere sought that reservation for OBC be introduced in departmental examinations. He has simply drawn attention to the aforementioned conditions of the User Manual and wants the conditions prescribed by the respondents themselves, to be applied to his case.
8. We, therefore, find that the whole issue revolves around the cut off marks for OBC candidates in Paper-III of the LDCE examination which is conducted for those candidates who have qualified in both paper 1 and 2. Inasmuch as the applicant has cleared paper I and Paper II, the conditions prescribed in para 6 of the User Manual wherein 45% marks (11.25) have been prescribed for OBC/EWS candidates, have to be followed while evaluating Paper III.
9 OA No. 1164/2023
9. Therefore, since the applicant had secured 12 marks which is more than 11.25(45%), we find that the applicant has to be declared as qualified in Paper III as per the rules prescribed by the respondents themselves.
10. In the conspectus of the position brought out above, we order as follows:
(i) The impugned order dated 13.03.2020 is hereby quashed and set aside;
(ii) The respondents are directed to treat the applicant as qualified in Paper III in DEST and promote him to the post of PA/SA if he is otherwise found fit, as per his merit position and subject to his fulfilling all other conditions of eligibility.
11. The OA is disposed of in the aforesaid terms.
12. No order as to costs.
(Manish Garg) (Anand Mathur) Member (J) Member (A) 'vb'