Judgement

THAKKAR, J.:- Fails in one subject, but passes the examination! It is not a tounge-in-the-check remark, for, passing an examination does not mean passing or securing the minimum passing marks in each subject or item of examination provided the candidate secures the minimum passing marks in aggregate, and he is entitled to be declared as having passed the examination according to the Central Administrative Tribunal (Tribunal hereafter), Hyderabad, which has upheld the aforesaid proposition canvassed by the respondent. The validity of this view is in focus before this Court in the present appeal by Special Leave..

2. Rule 2 in Appendix III of the Telegraph Engineering Service (Group B) Recruitment Rules, 1981, for limited Departmental qualifying Examination, in the context of which the controversy has arisen, reads thus : -

"2. Limited Departmental Competitive Examination :

(i)(a) Advanced Technical Paper - General... 100 marks

(b) Advanced Technical Paper - Special... 100 marks

(c) General Knowledge and Current Affairs... 50 marks

(d) Assessment of Confidential Reports... 75 marks

(ii)(a) The minimum pass marks in the examination shall be 50% for general candidates and 45% for Sch