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2022 Supreme(Raj) 751

MANINDRA MOHAN SHRIVASTAVA, FARJAND ALI
Union Of India, Through General Manager, North Western Railway – Appellant
Versus
Anil Sharma S/o Late Shri Jai Prakash Sharma – Respondent


Advocates Appeared:
For the Petitioners:Mr. P.C. Sharma, Advocate
For the Respondents:Mr. Amit Mathur, Advocate

ORDER :

(Per: Manindra Mohan Shrivastava, J.)

1. This petition under Article 227 of the Constitution of India is preferred against order dated 19.09.2019 passed by the Central Administrative Tribunal Jaipur Bench, Jaipur (hereinafter referred to as “Tribunal”) by which the Tribunal has allowed the Original Application filed by respondent no.1, quashing and setting aside the order passed by the official respondents. Official respondents upon receipt of a complaint by the respondent no.2, re-framed answer keys in respect of some of the questions and thereafter reevaluated the answers of the candidates including respondent— Anil Sharma and Krishan Swaroop Sharma which resulted in exclusion of Anil Sharma from the panel of select list and inclusion of Krishan Swaroop Sharma.

2. The factual backdrop which relate to filing of O.A. by Anil Sharma before the Tribunal was that Anil Sharma was selected for the post of Junior Engineer (E) in a Limited Departmental Competitive Examination held on 29.10.2010. As he was declared selected, he joined on the higher post after completion of training v

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