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2021 (6) TMI 1049 - HC - CustomsSeeking direction to respondent to issue 'G' Card License to the petitioner - conversion of “H” Card license holder to 'G' Card License to the petitioner - N/N. 41/2018 - Customs (N.T.) dated 14.05.2018 - HELD THAT:- It is clear that the respondent authorities have conducted the examination not with a view to upgrade the licence holder, but with a view to reject the upgradation from “H” to “G”. The object of any examination is to ensure that the qualified candidate is promoted to the next post. If an examination is conducted with the object to reject candidates, then the examination itself has to be struck down. In this case, the respondent had no right to conduct any oral examination. It is not provided in the Rules. The Rules stipulate that written examination alone must be conducted. Other State authorities have conducted only written examination and they have not called upon the qualified candidates to again appear for an oral examination. In the present case, for the written examination, the maximum mark was 100 and the qualifying mark was 50 and separately, for oral examination 100 marks were allotted as a maximum and the qualifying mark was given as 50. It is not known what is the nature of oral examination, which was conducted and how the candidates were assessed. Those details are absent in the counter affidavit. Except merely stating that only two candidates passed in the oral examination, no other specific details have been given in the counter affidavit. The counter affidavit has to be rejected - A direction is issued to the respondent, insofar as the petitioner is concerned, since he has passed the written examination, to appoint him as “G” card licence holder within a period of four weeks from the date of receipt of a copy of this order. Petition allowed.
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