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2001 Supreme(SC) 1253

DORAISWAMY RAJU, S.RAJENDRA BABU
K. L. Nandakumaran Nair – Appellant
Versus
K. I. Philip – Respondent


JUDGMENT

Rajendra Babu, J.-These appeals arise out of certain proceedings in O.A. No. 418/94 filed before the Central Administrative Tribunal, Ernakulam Bench [hereinafter referred to as the Tribunal ]. Respondent Nos. 1 to 4, who were working as Electricians [HS], Grade II, by O.A. No. 771/93 challenged the selection of the appellants as Electricians [HS]. A Division Bench of the Tribunal after going through the record of the selection and the mark sheets found that out of the total marks of 100, 35 marks have been allotted to written test, 40 marks for practical test and 25 marks for viva voce. All the applicants had not obtained the qualifying minimum marks of 50 per cent prescribed for general candidates and 40 per cent marks for SC/ST candidates. On the basis of the marks obtained by them, the appellants have been promoted to the higher grade, which is a selection grade, and dismissed the application of respondent Nos. 1 to 4. Subsequently another application in O.A. No. 1308/93 was filed by respondent Nos. 1 to 4 before the Tribunal challenging this very selection which had been upheld in O.A. No. 771/93 without seeking review of the said order or preferring appeal to this Co





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