Kamlesh Kumar & Ors. vs Union Of India & Ors.

Delivered by Hon’ble Mr. Tarun Shridhar, Member (A)

We have joined this Bench online through video conferencing facility.

Shri S.M. Ali, ld. counsel for the applicants and Shri Chakrapani Vatsyayan, ld. counsel for the respondents are present.

By virtue of the present O.A., the applicants seek a direction to the competent authority amongst the respondents for re-checking and re-evaluation of their answer booklets in the light of the published answer key of the examination for selection to the post of Group ‘C’ in the East Central Railway.

Ld. counsel for the applicant submits that on the last date of hearing the ld. counsel for the respondents was advised to obtain necessary instructions from the respondents so that the matter would be disposed of at the admission stage itself.

Ld. counsel for the respondents submits that the applicants have not been successful in the aforesaid examination, therefore, there is little reason for them to seek re-evaluation. However, he submits that he has yet to receive any categorical and clear instructions from the respondents.

Ld. counsel for the applicants, at this stage, submits that the applicants have submitted a comprehensive representation dated 13.01.2022 (Annexure A-7, A-8 and A-9) mentioning their grievance to the competent authority and they would be satisfied if a direction is given to the said authority to take a well considered decision in accordance with rules upon the said representation.

Ld. counsel for the respondents submits that the respondents shall be agreeable to decide the aforesaid representation strictly within the ambit of rules.

In view of the above facts and circumstances, the instant O.A. is disposed of at the admission stage itself with a direction to the competent authority amongst the respondents to take a well considered decision on the representations preferred by the applicants dated 13.01.2022 (Annexure A-7, A-8 and A-9) within a period of 10 weeks from the date of this order strictly in accordance with rules. The decision upon the representations shall be communicated to the applicants as expeditiously as possible certainly not later than two weeks from the date of such decision.

Needless to say that we have not commented upon either the merits of the case or the claim of the applicant. All the pending MAs are disposed of as having become infructuous.

No order as to cost.