OM PRAKASH BISWAS vs DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED

$~70
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 06.05.2024
+ W.P.(C) 6312/2024 & CM APPLs. 26283-85/2024
OM PRAKASH BISWAS ….. Petitioner
versus

DEDICATED FREIGHT CORRIDOR CORPORATION OF INDIA LIMITED ….. Respondent

Advocates who appeared in this case:

For the Petitioner : Mr. Saurabh Agrawal and Ms. Komal, Advocate

For the Respondent : Mr. Shivendra Singh, Advocate

CORAM:
HON’BLE MR. JUSTICE TUSHAR RAO GEDELA

JUDGMENT

TUSHAR RAO GEDELA, J. (ORAL)

[ The proceeding has been conducted through Hybrid mode ]
1. This is a petition under Article 226 of the Constitution of India, inter alia, seeking the following reliefs:-
“a. Issue a writ, order and/or direction in the nature of mandamus, thereby directing the Respondent Organization to award qualifying marks to the Petitioner, and accordingly consider him for promotion to E2 Grade in Cluster D of Signaling & Telecommunication Department of the Respondent Organization; and/or
b. Issue a writ, order and/or direction in the nature of mandamus, thereby directing the Respondent to promote the Petitioner, as per the rules and regulations applicable for promotion of SC candidate, and grant consequential benefits, including seniority, at par with similar candidates; and/or”
2. It is the case of the petitioner that the petitioner had participated in the Departmental Promotion Examination for the purpose of promotion from grade E-0 to E-2 grade in Cluster D of Signaling and Telecommunication Department.
3. Petitioner is stated to be a Scheduled Caste candidate and had by participating the examination scored 59 marks out of 100 questions of the Computer Based Test Examination held on 03.11.2023. Consequent to the objections sought for by the respondent, it was found that 18 questions were out of syllabus and owing to such information, the marks of the candidates were normalized across the board.
4. Accordingly, the petitioner has scored 49/82 marks and as per the revised key scored to 59.756% overall. It is the case of the petitioner that the qualifying eligibility was kept at 60%. He submits that the petitioner has, times without number, submitted a number of representations requesting that the respondent grant grace marks so as to enable the petitioner to become eligible by grant of deficit marks making his 60% which would make him eligible for the post. The representations appear to have not been considered by the respondents.
5. Mr. Saurabh Agrawal, learned counsel for the petitioner draws attention of this Court to Annexure P-4 which is the DoPT notification dated 21.01.1977 in respect of relaxation and concession available to the candidates at the time of recruitment, particularly to Clause 3.12 which is in respect of the relaxation of Standards in Departmental Competitive/Qualifying Examinations. According to learned counsel, Clause 3.12 stipulates that in case sufficient number of Schedule Caste/Scheduled Tribe candidates are not available or have not acquired the general qualifying standard, such of those candidates can be considered for promotion to fill the remaining vacancies reserved, even on the basis of lower score, provided they are not found unfit on other essential qualifications.
6. Learned counsel submits that one vacancy in the Scheduled Caste category is still available and as such seeks intervention of this Court for appropriate orders.
7. Issue notice.
8. Notice is accepted by Mr. Shivender Singh, learned counsel for the respondent.
9. According to the present facts as brought before the Court, it appears that the case of the petitioner in the light of DoPT notification dated 21.01.1977 noted above, may need consideration by the respondent. It is also apparent that the respondent has not considered the representation dated 20.06.2023 and 05.09.2023 submitted by the petitioner who is already a member of service of the respondent holding the post of E-0 Grade.
10. Keeping in view the aforesaid, it is deemed appropriate to direct the Competent Authority of the respondent to consider the present writ petition along with the annexures as a Representation to be disposed of in accordance with law as also keeping in view the appropriate DoPT notification in this regard.
11. The Competent Authority of the respondent shall afford an opportunity of hearing to the petitioner who may also submit other relevant notifications/circulars which are in support of his request. The said representation shall be disposed of within four weeks from the date of receipt of this order.
12. In view of the above, the petition is disposed of.
13. Needless to state that the order passed thereon shall be furnished to be petitioner forthwith.

TUSHAR RAO GEDELA, J.
MAY 6, 2024/ms

W.P.(C) 6312/2024 Page 4 of 4