Central Administrative Tribunal - Hyderabad
J Srinivasa Rao vs D/O Post on 10 September, 2018
LL Sig IN THE CENTRAL ADMINISTRATIVE TRIBUNAL HYDERABAD BENCH : HYDERABAD Original Application No. 402/2014 Date of Order : 10.09.2018 Between: J.Srinivasa Rao, S/o Late Venkateswarlu, Aged about 39 years, Occ : GDS BPM, B.N.Thanda Branch Post Office, A/w. Yallandu SO, Khammam District. ... Applicant And 1. The Union of India, rep. by its Secretary, Department of Posts, Dak Bhavan, Sansad Marg, New Delhi -1. 2. The Chief Postmaster General, A.P.Circle, Dak Sadan, Hyderabad -- 1. 3. The Superintendent of Post Offices, Khammam Division, Khammam. ... Respondents Counsel for the Appticant _ Dr.A.Raghu Kumar, Advocate Counsel for the Responderts _... Mrs.K.Rajitha, Sr.CGSC CORAM: Hon'ble Mr.Jjustice R.Kantha Rao _ ... Member (Judl.) Hon'ble Mrs. Naini Jayaseelan ane Member(Admn.) ORAL ORDER
{ As per Hon'ble Mr.Justice R.Kantha Rao, Member (Judi.) } Heard DrA.Raghu Kumar, learned counsel for the applicant and Mrs.K.Rajitha, learned Senior Central Government standing counsel for the Lt respondents.
] of 6 me, Mh
2. The applicant was appiinted a3 Gkamin Dak Sevak Branch Post '| Master (GDS BPM) on 12.06.2002. Acvardin the Recruitment Rules the post of Postman / Mail Guard has to be filled up 25% by promotion by selection cum seniority of Multi Tasking Staff, 25% on the basis of Limited Departmental Competitive Examination by promotion amongst the Multi Tasking Staff, 25% by direct recruitment on the basis of competitive examination limited to Gramin Dak Sevaks and 25% by direct recruitment from open market. The applicant applied for the said post and appeared for the examination which was held on 22.09.2013. Among the questions in Part-C (1) English the applicant challenges the evaluation of Question No.3 and Question No.13. According to the applicant with regard to these two questions, the key prepared and declared by the department is totally wrong and on the said basis his paper was not correctly valued and he was withheld of two marks on account of said wrong key and ultimately was denied promotion.
Question No.3 is as follows :
After reading the book, Ramesh kept it on the table. The part of the speech of the underlined word is
(a)Noun (b)AProposition © an adjective (d) a pronoun Question No.13 in the same paper is as follows :
Choose the correct tense He generally plays very well but today he very badly
(a) Plays (b) Play (c) is playing (d) has played bt 2 of 6 ' re ay _ 1 oe ey a fF ' 3. As to Question No.3 thevappliesit answered (d) a pronoun and as regards Question No.13 he answered (d} has played. In the key released by the department, the answer to Question No.3 is given as (a) Noun. Similarly answer to Question No.13 is given as (c) is playing. Basing on the key marks were not awarded to the applicant for Question No.3 and Question No.13. In fact the applicant got 57 marks in the examination and according to the respondents the candidate who got 58 marks was promoted and the applicant was not promoted.
Az; Under these circumstances the applicant filed the present OA to declare the evaluation of Question No.3 and Question No.13 as incorrect, illegal, violative of Article 14 and 16 of the Constitution of India and consequently direct the respondents to revise the key and consider the case of the applicant for promotion as Postman in the examination held on 22.09.2013 on the basis of the revised key.
5. In their reply statement the respondents asserted that though the answers mentioned in the key are incorrect as per the rules governing the evaluation of the answer sheets, there is no provision for revaluation. Contending as above, the respondents sought to dismiss the OA.
6. The questions are objective type and as such the answers are not in descriptive form. Therefore, the applicant in the instant case is not questioning 3 of 6 L as Ms, iy, oy the method of evaluation, but questio tig the@rco the department. Learned standing counsel for-the ; ae a lente acme per Rule 15, Part-I of Appendix No.37 of P & T Manual Volume-IV, once rules are' framed to the effect revaluation of answer scripts is not permissible in any case or that there shall not be revaluation under any circumstances. The learned counsel for the respondents further relied on some judgements of this Tribunal and Hon'ble High Court of A.P. The judgements relied on by the learned counsel are not rendered in cases wherein the facts are identical to the facts of the present case. In the instant case the applicant questions the very correctness of the key. If really the answers given in the key by the department are incorrect, the applicant shall not be deprived of the marks to Question No.3 and Question No.13 on the pretext that there shall not be revaluation. {f that is so, it is against the right of the applicant to have a fair evaluation.
7. Coming to the answers in the key we have no manner of doubt whatsoever regarding the answer to Question No.3. _ The answer given in the key by the department to Question No.3 is that it is a "Noun". The answer in the key is undoubtedly incorrect because it is a "Pronoun" and was correctly written by the applicant in his answer sheets to Question No.3.
8. As far as Question No.13 is concerned the applicant answered the iE question as "has played". The entire question is like this. 4 of 6 "Choose the correct tense See Oe cee cay ee He generally plays very well but today he very badly
(a) Plays (b) Play ( c) is playing ({d) has played"
9. The two answers { c) and (d) furnished in the key are relevant for the _purpose of consideration. ( C) is playing, whereas ( d) has played. Therefore, whether the correct answer is present continuous tense or present perfect tense. Learned counsel appearing for the applicant would submit that since the sentence commenced in simple present tense, the right answer as per the English grammer is present perfect tense i.e. he "has played". But key mentioned (c) is playing as _ correct answer. We are in acceptance with the submission made by the learned counsel for the applicant as regards the fact that the present perfect tense "has played" is the correct answer. However, even if ( c) is playing is also considered as correct answer, it cannot be stated with certainty that he has played is totally incorrect answer. Therefore according to our opinion there is ambiguity in framing the question. If there is ambiguity in framing the question, the applicant cannot be penalized even if { c) is playing is correct answer for the simple reason that has played also cannot be considered as incorrect answer. If both answers are correct benefit should be given to the applicant.
10. For the aforementioned reasons, we have no hesitation to hold that:
the applicant is entitled for the marks to Question No.3 and Question No.13 and
5 of 6 Lc i.
for each question one mark has d. Therefore, the applicant would ; wes v get 59 marks if the said marks are added to 57. The OA therefore deserves to be allowed.
11. Consequently the evaluation by which two marks were not awarded to the applicant for Question No.3 and Question No.13 is set aside and it is declared that the applicant has secured 59 marks. The respondents are therefore directed to consider the case of the applicant for promotion to the post of Postman in the examination held on 22.09.2013. The respondents are further directed that even if there are no vacancies in the promotional post as on today, they have to create the supernumerary promotional post and consider the case of the applicant for promotion in the said post.
12. Accordingly the OA is allowed. There shall be no order as to costs. - RR RTA CERTIFIED TAVE SOPt The MAST f ae wert CAL Ma2 ] fy Mees SMe WR AD CAT (Protech Ruts"