Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Civil service--- ----Posts of Primary School Teachers---Eligibility criteria---Preference of one diploma over the other---Under the recruitment policy, a Regular Institute of Technical Education (R.I.T.E) diploma holder was to be given preference over other candidates---However, such preference was only to be given when the candidate had equal marks as the other competing candidate on merit---Therefore, a distinction must be drawn between a R.I.T.E diploma holder who had equal marks as other candidates on the merit list and was thereby given preference on the basis of his qualification, and a R.I.T.E diploma holder who scored significantly lower marks than competing candidates---Latter candidate was not to be given preference merely by virtue of the diploma--Accordingly, the respondent-candidate, who possessed a R.I.T.E diploma, could not be given preference over the candidates appointed against the respective posts when his overall marks were significantly lower than those who were appointed on merit---Appeal was allowed. (b) Civil service--- ----Posts of Primary School Teachers---Recruitment process---Proposed policy of five extra marks for field experience---Contention of respondent-candidate that he should be appointed against the advertised post based on the five additional marks for his field experience---Held, that the, marks obtained by the respondent were 51.89 and even if the additional five marks for experience were added, his overall marks would be 56.89---On the other hand, the candidates who had been appointed against the respective posts had obtained 58.826, 58.84 and 67.832 marks respectively---Therefore, even if the respondent was granted the additional five marks, he would still not have similar marks as those of the three candidates who had been appointed---Furthermore respondents own witness admitted during his cross-examination that the said policy for granting additional marks for experience had not yet been implemented in practice and that only a mere proposal regarding it had been circulated---In the absence of any concrete policy in place, the respondent could not get any relief on account of his five years of experience in the…

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