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4. During the course of the arguments, on a prayer made by learned counsel for the applicant, the original records of the examination were also summoned and perused by us. Learned counsel for the applicant contended that there was cutting in the marks awarded to the applicant in question No. 3 in which she had first been given 30 marks which were cut and made 15 marks. He argued that cutting made in the answersheet gave rise to suspicion about the fairness of the examination process.

5. In their reply, the respondents have submitted that ICAR has its own specific Recruitment Rules for the post under question and its own duly notified Scheme and Rules for the LDCE. As per this, the discretion to fix the qualifying benchmark in the written examination vested with the Board (ASRB). Accordingly, the benchmark of 45% for general category candidates and 40% for SC/ST category had been fixed with the approval of Chairman, ASRB on 26.09.2013. They have disputed the contention of the applicant that higher benchmark was fixed in the examination in question. They have stated that previously there was no LDCE quota for the post of PSs and hence no such examination had been conducted.

2. The number of vacancies to be filled on basis of The results of the examination will be specified in the Notice issued by the ASRB/ICAR Institutes. Reservations will be made for candidates belonging to Scheduled Castes/Schedules Tribes in respect of the vacancies as may be fixed by ICAR in accordance with the Government of India instructions on the subject.

The examination shall e conducted according to the following plan:

PART-I
(a) Written examination carrying maximum of 500 marks in the subject as show in para 2 below:
(b) A qualifying Shorthand test in Hindi or English at 100 w.p.m. for Private Secretary only.

Note:

All the candidates competing for the post of Private Secretary will be required to take qualifying shorthand test at the time of the written examination. However, evaluation of record of service will be done of only those candidates who qualify both the written examination as well as in the Shorthand Test.
Candidates will be required to transcribe their shorthand notes on computers which will be provided by the ASRB at the time of examination Centre.
PART-II Evaluation of record of service carrying a maximum of 100 marks of candidates:
(a) Who obtain such minimum qualifying marks in the written examination as may be fixed by the ASRB/ICAR Institutes at their discretion (for S.O. and P.S.)
(b) Who obtain such minimum qualifying marks in the shorthand test as may be fixed by the ASRB/ICAR Institutes at their discretion (for P.S.). 6.3 It is seen from the above that in Part-I, Clause-b, the respondents have laid down that the shorthand test in English or Hindi at 100 w.p.m. would be qualifying in nature for the post of PSs. Again in Part-II, Clause-a, it has been laid down that service record of only those candidates would be seen who attained qualifying marks in the written examination. Further in Part-II, Clause-b it is laid down that service record of only those candidates would be seen who obtained minimum qualifying marks in the shorthand test. From the above, it is obvious that the respondents had clearly notified that both written test as well as shorthand test would be qualifying in nature. However, instead of prescribing the qualifying marks what has been mentioned in the Scheme is that these will be fixed at the discretion of the ASRB/ICAR.