In recruitment examinations, provided a uniform evaluation method is applied to all candidates, courts must exercise judicial restraint and will not interfere with the assessment methodology or result simply because candidates advocate for an alternative calculation formula, especially after unsuccessful participation.

ORDER

Hon’ble Mr. Manish Garg, Member (J) :

In the present Original Application, the applicants have prayed for the following reliefs:

“A. Pleased to Set aside the impugned memorandums dated 02.06.2021, 04/14.06.2021 issued to applicant no.1 to 5 rejecting the representation of the applicants in blatant violation and non-compliance of the office memorandum no. AB-14017/32/2009-Estt(RR) dated 07.10.2009 pertaining to the method for calculating the typing speed of in LDC exam pertaining to the advertisement no.13 published by the respondent no.2 for various post including LDC and Declaring the result of the LDC examination without considering the method of Key Depressions method as prescribed in office memorandum no. AB-14017/32/2009-Estt(RR).

B. pleased to direct the respondents to re-evaluate answer script of the Typing Test of the all the applicants herein as per the norms laid down in the memorandum no.AB-14017/32/2009-Estt (RR) of DOPT dated 07.10.2009 by adopting the key depression method.

C. pleased to set aside the entire result dated 11.09.2019 qua LDC pertaining to Advertisement no.13 as the same is based on the incorrect calculation of the typing speed by the EdCIL the respondent no.3 a private company to whom the typing test was outsourced.

D. pleased to direct the respondents to declare the fresh result after calculating the typing speed with correct method and allot the post/vacancies to successful candidates on merits.

E. Pass any other and further order as this Hon’ble Tribunal may deem and fit and appropriate in the facts and circumstances of the case”

2. Highlighting the facts of the case, learned counsel for the applicants submitted that the present Original Application has been filed challenging the result of the Lower Division Clerk (LDC) recruitment pursuant to Advertisement No. 13, on the ground that the respondents adopted an incorrect method for calculating the typing speed in the skill test.

2.1. Learned counsel further submitted that as per the Office Memorandum No. AB-14017/32/2009-Estt.(RR) dated 07.10.2009 issued by the DoP&T, the typing speed is required to be calculated through the Key Depression Method, wherein 5 key depressions are equivalent to one word, and a candidate must achieve 35 words per minute (10500 key depressions per hour / 1750 key depressions in 10 minutes) to qualify. However, the respondents, through the external agency EdCIL (India) Limited, calculated the typing speed by treating each completed word as one word irrespective of the number of alphabets, thereby ignoring the prescribed key depression formula.

2.2. Learned counsel further contended that the applicants, upon obtaining their typing test data through RTI, discovered that each of them had in fact achieved more than the required 1750 key depressions in 10 minutes, and thus qualified as per the prescribed method, but were wrongly declared unsuccessful due to the incorrect calculation adopted by the respondents.

2.3. Concluding the arguments, learned counsel argued that despite filing representations and RTI applications seeking clarification and correction, the respondents failed to rectify the error and rejected the applicants’ representation. Learned counsel further argued that the impugned result is arbitrary and contrary to the prescribed rules, and the applicants have approached this Tribunal seeking appropriate relief, including reconsideration of the typing test results in accordance with the Key Depression Method.

3. Opposing the Original Application, learned counsel for the respondents submitted that the present Original Application is devoid of merit and liable to be dismissed as the recruitment process for the post of Lower Division Clerk pursuant to Advertisement No. 13 was conducted strictly in accorda