TMI Blog1994 (7) TMI 356X X X X Extracts X X X X X X X X Extracts X X X X ..... found that unfair means were adopted by the candidates at Centre No. 115 (Katihar). The question for consideration before the Central Administrative Tribunal (Tribunal) was whether in such a situation the railway authorities could cancel the selection and empanelment of the candidates from Centre No. 1] 5 and direct them to sit in the written examination again? If so, could it be done without complying with the rules of natural justice? The Tribunal answered the questions in the negative and quashed the order of the railway authorities calling upon the candidates to sit in the written examination once over again. This appeal by way of special leave is against the judgment of the Tribunal. 3.The Railway Recruitment Board, Patna invited a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port was examined in detail at various levels in the Railway Ministry and finally a decision was taken that 35 candidates of Centre No. 115 be subjected to a fresh written examination. It was further decided that marks already obtained by them in the viva voce examination would be taken into account. It was further directed to complete the fresh examination within a period of one and a half months. The file shows that the decision was finally approved by the Minister-in- charge. 5.As mentioned above, the decision of the appellants directing the respondents to appear in a written examination once again was challenged by them before the Central Administrative Tribunal, Calcutta. The Tribunal by the impugned judgment dated 20-12-1991 set as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... D.S. College (excluding Room 22/Staff Room) 1155 15 1.3% 3. Overall for Katihar(excluding Room 22/Staff Room of DS College) 6618 40 0.6% General Manager (Vigilance) in para 4 of preliminary investigation dated 19-1-1989 addressed to Secretary (Vigilance) Railway Board has stated that S/Shri A.K. Pandey and A.K. Kamati named in the complaint appeared in the written examination from the Staff Room and both of them have secured the highest marks in the centre and both of them have given identical wrong and correct answers. The wrong answers cannot be identical unless the two candidate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritten test at the Centre concerned only 35 candidates qualified the test. In that situation the action of the railway authorities in directing the 35 candidates of Centre No. 115 to appear in a fresh written examination virtually amounts to canceling the result of the said centre. Although it would have been fair to call upon all the candidates who appeared from Centre No. 115 to take the written examination again but in the facts and circumstances of this case no fault can be found with the action of the railway authorities in calling upon only 35 (empanelled candidates) to take the examination afresh. The purpose of a competitive examination is to select the most suitable candidates for appointment to public services. It is entirely diff ..... X X X X Extracts X X X X X X X X Extracts X X X X
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