Central Administrative Tribunal - Jabalpur
Balaram Nagarchi vs Bsnl on 8 November, 2024
1 O.A.No.203/692/2016
Reserved
CENTRAL ADMINISTRATIVE TRIBUNAL, JABALPUR BENCH
CIRCUIT SITTINGS:BILASPUR
Original Application No.203/692/2016
Jabalpur, this Friday, the 8th day of November, 2024
HON'BLE SHRI JUSTICE AKHIL KUMAR SRIVASTAVA, JUDICIAL MEMBER
HON'BLE SMT. MALLIKA ARYA, ADMINISTRATIVE MEMBER
Bala Ram Nagarchi
S/o Late Shri Premlal Nagarchi
Aged about 50 years,
SSO O/o GMTD BSNL Fafadih
Raipur District Raipur (CG) PIN 492001 -Applicant
(By Advocate -Shri A.V. Shridhar)
Versus
1. Bharat Sanchar Nigam Limited,
Through : Chairman & Managing Director
7th Floor Bharat Sanchar Bhawan
HC Mathur Lane Janpath,
New Delhi PIN 110001
2. Chief General Manager
Telecom CG Circle BSNL
Khamardih Raipur (CG) PIN 492007 - Respondents
(By Advocate -Shri Manas Vajpayee proxy counsel for
Shri Sandeep Dubey)
(Date of reserving the order: 10.09.2024)
Digitally signed by KARUNA GUPTA
KARUNA
DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT
MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh,
STREET=ON SHANTI CHOWK, Phone=
979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499,
SERIALNUMBER=
80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624,
GUPTA
[email protected], CN=KARUNA GUPTA
Reason: I am the author of this document
Location:
Date: 2024.11.11 16:10:42+05'30'
Foxit PDF Reader Version: 2024.3.0
Page 1 of 7
2 O.A.No.203/692/2016
ORDER
By Justice Akhil Kumar Srivastava, JM;
Through this Original Application applicant has sought for direction to the respondents to review of his result and to correct calculation of the answer sheet of paper 1 and 2 of JAO Part II examination 2012. After review, promotion to the JAO in vacant post in Chhattisgarh Circle of BSNL be issued by the respondents.
2. Precisely the case of the applicant is that the applicant had appeared in the Internal Competitive Examination for promotion to Junior Accounts Officer (JAO) Part II against 40% quota held on 17th and 19th December 2012 and secured 16, 29, 17, 69 marks in Paper I, II, II, IV respectively and Paper V was exempted vide order dated 26.03.2018 (Annexure A/1). The applicant secure total marks 226 whereas aggregate required for SC/ST 38% of 550 i.e. 209 marks. He failed only in subject 1st i.e. Paper I and II. It is submitted by the applicant that he had secured 17 marks but there was a total mistake. He could not file the answer sheet as copy obtained was very faint. In paper 2 he obtained 29 marks whereas in Section B one 7 marks awarded but Digitally signed by KARUNA GUPTA KARUNA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= 979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499, SERIALNUMBER= rounded it and written zero. Further 5 marks awarded in 80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624, GUPTA [email protected], CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.11 16:10:42+05'30' Foxit PDF Reader Version: 2024.3.0 Page 2 of 7 3 O.A.No.203/692/2016 Section A answer 2 but not taken into tabulation therefore he obtained 29 marks in place of 41 marks. He submitted his representation to respondent No.2 on 20.04.2013 (Annexure A/4) for revaluation in JAO Part II followed by reminder on 07.05.2013 (Annexure A/5). The same was sent to respondent No.1 vide Annexure A/6. On 09.03.2016 (Annexure A/7) recruitment section of BSNL issued a direction to decide the representation according to appendix
37. Applicant made request on 21.03.2016, 12.04.2016 before the respondent No.2 to review the marks. Vide order dated 02.05.2016 (Annexure A/11) it was intimated by the respondents that as per office record marks given in Paper II i.e. 29 checked and found correct. Hence this Original Application.
3. Respondents in their reply have submitted that the Review result of failed SC/ST candidates of JAO Part- II Internal Competitive Exam against 40% quota held on 17 and 19 December 2012, was done according to direction / procedure mentioned in BSNL CO letter no. 4-28/2006-SEA dated 17-10-2013 and letter dated 08/01/2007 (Annexure R/1), but no candidate was fulfilled the criteria for giving Digitally signed by KARUNA GUPTA KARUNA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, grace marks. As per Appendix 37-point no.15 Revaluation of STREET=ON SHANTI CHOWK, Phone= 979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624, GUPTA [email protected], CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.11 16:10:42+05'30' Foxit PDF Reader Version: 2024.3.0 Page 3 of 7 4 O.A.No.203/692/2016 answer script is not permissible in any case or under any circumstance. As per BSNL CO letter dated 06.08.2010 (Annexure R/2) procedure for retotaling /verification of marks in case of Departmental Examination will be required to remit a fee of Rs 300/-(Rupees Three Hundred only) for each paper within a period of three 3 months from the date of declaration of result but candidate not followed the procedure issued by BSNL. As per office record, no application was received within prescribed time limit for retotaling of marks. Examination was conducted on 17, 18 and 19 December 2012 and result declared on 20-03-2013.
3.1 Further it is submitted by the respondents that answer sheet was evaluated by examiner according to Master Answer Key provide by BSNL Corporate Office (Annexure-
R/5) wherein in section A there are four question of 45 marks. In question No.2 there are two parts of 15 Marks 5 and 10 marks respectively. Examiner gave in part -1, 5 marks and part -11, 10 marks and taken in to tabulation 15 marks. Hence no question about marks not taken in tabulation (Annexure-R/6). He got total marks 226 but failed in paper II by 4 marks and failed in subject -I (including both Digitally signed by KARUNA GUPTA KARUNA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, papers) by 21 marks Although the aggregate marks are STREET=ON SHANTI CHOWK, Phone= 979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624, GUPTA [email protected], CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.11 16:10:42+05'30' Foxit PDF Reader Version: 2024.3.0 Page 4 of 7 5 O.A.No.203/692/2016 226/550 i.e. 47% which was more than the qualifying i.e 38% but candidates had to qualify (minimum 33%) in individual subject / papers. As he could not secure minimum qualifying marks in each paper/subject so he was not declared qualified in the said Examination.
4. Heard the learned counsel for both the parties and perused the reply of the respondents and documents annexed therewith. However applicant has not filed any rejoinder to the reply filed by the respondents to convert the averments made therein.
5. We find that as per Annexure R/1 review was done for the result of failed SC/ST candidates of JAO Part- II Internal Competitive Exam against 40% quota held on 17 and 19 December 2012, according to direction/procedure mentioned in BSNL but no candidate was fulfilled the criteria for giving grace marks. In the Appendix 37-point no.15 it is clearly mentioned that revaluation of answer script is not permissible in any case or under any circumstance.
6. Procedure for retotaling /verification of marks in case of Departmental Examination for each paper is within a period of three 3 months from the date of declaration of result but Digitally signed by KARUNA GUPTA KARUNA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, the applicant has not followed the procedure issued by BSNL STREET=ON SHANTI CHOWK, Phone= 979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624, GUPTA [email protected], CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.11 16:10:42+05'30' Foxit PDF Reader Version: 2024.3.0 Page 5 of 7 6 O.A.No.203/692/2016 he never approached BSNL for revaluation within three months from the date of declaration of result. Applicant has not brought on record any letter or application showing that he has applied for revaluation/review of his result within prescribed time limit. In spite of that, his answer sheet was evaluated by examiner according to Master Answer Key provided by BSNL Corporate Office (Annexure-R/5) whereby in section A there were four questions of 45 marks, in question No.2 there was two parts of 15 Marks, 5 and 10 marks respectively. Examiner gave in part -1, 5 marks and part-II, 10 marks and taken in to tabulation 15 marks. Hence, no question about marks not taken in tabulation (Annexure- R/6) arise. He got total marks 226 but failed in paper II by 4 marks and failed in subject -I (including both papers) by 21 marks Although the aggregate marks are 226/550 i.e. 47% which was more than the qualifying i.e 38% but candidates had to qualify (minimum 33%) in individual subject / papers. As he could not secure minimum qualifying marks in each paper/subject so he was not declared qualified in the said Examination.
7. Since there is no provision wherein a candidate may be Digitally signed by KARUNA GUPTA KARUNA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, entitled to ask for re-evaluation of his answer-book. There is STREET=ON SHANTI CHOWK, Phone= 979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624, GUPTA [email protected], CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.11 16:10:42+05'30' Foxit PDF Reader Version: 2024.3.0 Page 6 of 7 7 O.A.No.203/692/2016 a provision for scrutiny only wherein the answer-books are seen for the purpose of checking whether all the answers given by a candidate have been examined and whether there has been any mistake in the totaling of marks of each question and noting them correctly on the first cover page of the answer-book. There is no dispute that after scrutiny no mistake was found in the marks awarded to the applicant. In the absence of any provision for re- evaluation of answer- books in the relevant rules, no candidate in an examination has got any right whatsoever to claim or ask for re-evaluation of his marks.
8. In view of the above, we find no reason to interfere with the impugned order. Accordingly, the O.A. is dismissed being devoid of merits.
(Mallika Arya) (Akhil Kumar Srivastava) Administrative Member Judicial Member kg/-
Digitally signed by KARUNA GUPTAKARUNA DN: C=IN, O=CENTRAL ADMINISTRATIVE TRIBUNAL, OU=COURT MASTER/STENO'C', PostalCode=482001, L=Jabalpur, S=Madhya Pradesh, STREET=ON SHANTI CHOWK, Phone= 979a4388e27caf69412c8261e976cc18988cdf1c8e86ffa783129d0fcf61e499, SERIALNUMBER= 80352633909d44f5477b8659bf0d5cdbda9966bf81014c45893e322b1920b624, GUPTA [email protected], CN=KARUNA GUPTA Reason: I am the author of this document Location:
Date: 2024.11.11 16:10:42+05'30' Foxit PDF Reader Version: 2024.3.0 Page 7 of 7