9911796707
TMI Blog2009 (1) TMI 937X X X X Extracts X X X X X X X X Extracts X X X X ..... was allowed. 3. The basic fact of the matter is not in dispute. An advertisement was issued for filling up the post of Postman/ Mail Guard under the quota of Extra-departmental candidate at Andaman and Nicobar Island, Port Blair. Respondent herein pursuant thereto or in furtherance thereof applied for the said post. He appeared at an examination held for the said purpose. On or about 18.11.1997, the purported results of the said examination were published with the remarks none qualified . 4. Subsequently, some other examinations were also held in which the respondent participated. Indisputably, he was a member of the Scheduled Caste. He filed several representations before the concerned various authorities contending that his candida ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned judgment dated 11.04.2005, the High Court has allowed the said writ application. 7. Mr. B. Datta, learned Additional Solicitor General appearing on behalf of the appellants, would contend: (i) the High Court committed a serious error insofar as it failed to take into consideration that having regard to the fact that the respondent failed to pass the tests held in the year 1997 and furthermore, having appeared in the subsequent examinations, had no right to be appointed and no direction for his appointment in the post of Peon or Group `D', thus, could be issued by the High Court. (ii) Respondent having applied against the vacancy in the `OC' category and not in the category of `Scheduled Caste', it was obligato ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11. The High Court in its impugned order categorically held that the appellants at no point of time denied or disputed that the respondent had obtained marks more than 30% but less than 45%. The High Court furthermore noticed that the notification dated 9.06.1989 issued by the Director of Postal Services, A N Islands in categorical terms stated that his status of the Scheduled Castes should be accepted and recognized in the department examination. A member of a Scheduled Caste, thus, notified in any of the States within the territories of India, having regard to the provisions contained in Article 341 of the Constitution, was entitled to get the benefit of the said status for the purpose of entering into Central Civil Service.. 12. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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