CAT dismisses BSNL employees' plea for quashing exam
The Central Administrative Tribunal (CAT) has held that a candidate cannot challenge the examination procedure after voluntarily appearing for it.delhi Updated: May 23, 2010 10:56 IST
The Central Administrative Tribunal (CAT) has held that a candidate cannot challenge the examination procedure after voluntarily appearing for it.
The Tribunal passed the judgement while dismissing a plea of seven Bharati Sanchar Nagam Limited (BSNL) employees who had appeared for the departmental examination but failed to qualify.
Naresh Singh and others sought to declare the examination invalid on the grounds that the procedure adopted by CAT was "arbitrary and violative of their fundamental rights."
Rejecting their plea, the Tribunal said the aspirants were well acquainted with its methodology much before the result was declared and it was not permissible for them to challenge it.
"The applicants were fully aware of the syllabus, they appeared in the exam and it is only after they failed that they are challenging the examination process. In these circumstances, the relief sought by them cannot be granted," the bench, comprising members Meera Chhibber and Shailendra Pandey, said.
"It was open to the candidate to opt for any subject of his choice. If he felt the other subject was more scoring, he could have opted for it but knowingly he chose the subject of his choice. If ultimately he scored less marks than those who opted for the other subject, the applicant cannot have any grievance," it said.
Citing an apex court order, the Tribunal said a candidate after having appeared in an examination cannot be allowed to challenge its process.
The applicants, who appeared for the 2007 departmental examination, failed to qualify one of the two papers which was of subjective nature. They were not selected for the post of Limited Departmental Competitive Examination following which they challenged the examination process in the Tribunal.