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Manoj Kumar Chak And Others v. Rani Lakshmi Bai Kshetriya Gramin Bank - WRIT - A No. 49593 of 2003 [2007] RD-AH 3407 (28 February 2007)


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Hon.V.M.Sahai, J.

Hon.Shishir Kumar, J.

We have heard Sri Brijesh Chandra Naik, learned counsel for the petitioners and Sri Nripendra Misra counsel appearing for the respondents.

The petitioners have challenged the circular/ order dated 28.7.2003 issued by the respondents by which written examination held on 18.2.2001 for making promotions of Officers cadre Scale-1 to Scale- 2 and interview held on 12.9.2002 and  13.9.2002. A letter dated 28.7.2003 was issued by the head office to this effect that in view of the letter dated 22.5.2003, it has been directed by the Finance Ministry, Government of India, New Delhi on the basis of their advice that the written examination for promotion of Scale 1 and 2 which was held on 18.1.2001 be cancelled and it should be again held.  The said advice was placed before the Board and by the meeting dated 25.6.2003, Board has also approved for cancellation of the aforesaid examination.  Therefore, by letter dated 28.7.2003, a communication to that effect has been made to all the officers regarding cancellation of the aforesaid written examination as well as interview.  

The counsel for the petitioners has urged  that they have passed written examination and appeared in interview and their results have been kept in sealed cover and since the entire examination written as well interview has been cancelled and fresh examination has been ordered, the petitioners were suffered as they would appear again in the written test and have to be successful.  Since the written examination and interview has been cancelled and the respondents  have directed for re-examination, therefore, petitioners can again appear in the examination after full preparation.  

The learned counsel for the petitioners has further urged that those persons should not be permitted to appear in the fresh examination who has failed in the earlier written examination.  

In our opinion, once the entire examination has been cancelled, every candidate whose eligibility is according to criteria fixed is entitled to appear in the examination .

For the aforesaid reasons, we do not find any illegality in the order of cancelling the examination.    The writ petition fails and is accordingly dismissed.

No order as to costs.        





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