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2014 (5) TMI 862 - HC - Indian LawsAppointment to the candidate on the basis of merit, in the suitability test - Interpretation of circular - Administrative Tribunal, by its judgment has quashed the order dated 10.4.2006, selecting Ms. Suman Devi as Inspector, Central Excise, under the sports quota and thereafter has directed the respondents to offer appointment to the candidate on the basis of merit, in the suitability tesHeld that:- The tribunal completely misconstrued the circular of the department and clearly misdirected itself while examining the issue raised before it. Awarding of 100 marks to Suman Devi was viewed with suspicion and an observation was made that the department had pre-decided to select Suman Devi and for this purpose she was awarded 100 marks. This observation of the tribunal was wholly incorrect and was clearly an outcome of surmises. Since under the policy a candidate with international experience and was in form during the recent past, was entitled to grant of preference, as such awarding higher marks to her over and above the marks awarded to Gyan Prakash Singh who merely had participated at Inter-University level, more so many years all i.e. 1991-92, 1992-93 and 1993-94 was clearly valid and justified. Awarding of marks in field tests and its consideration for determining merit was valid and the view to the contrary taken by the tribunal is wholly unsustainable in law. The tribunal also failed to consider that similar marks were given by department to other candidate also. The Tribunal had clearly misconstrued and misread the departmental circular dated 9.3.1987 and 4.5.1995 and the scheme for recruitment itself, which amounted to manifest error of law. The finding of the tribunal, therefore, cannot be sustained - judgment and order of the tribunal dated 17.9.2008 cannot be sustained and the same is, therefore, set aside - Decided in favour of appellant.
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