In a writ petition filed by Bharatiya Vima Karmachari sena the Hon High Court had stayed the promotion of officers who qualified as a result of promotional exercise conducted by 4 PSU Companies in December 2011. Petitioner has mentioned in its application that there was some mistake in the question paper which can jeopardise the career for many aspirants.
The full text of writ petition is given as below:-
THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
WP. NO: 3340 of 2012
Between:
Bharatiya Vima Karmachari Sena, Regd.No.M.K.3D-9269/1996 [Hyderabad Unit], Rep. by its Organizing Secretary, A.V.S.Somayajulu, S/o Lakshmi Narasimha Murthy, age: 49 years, Asst. Manager (Devt.) C/o New India Assurance Company Ltd., 5th Floor, Surya-Towers, S.P. Road, Secunderabad-500 003
….. Petitioner AND
1Â The New India Assurance Company, rep. by The Chairman-cum-Managing Director, New India Assurance Building No.87, M.G. Road, Fort, Mumbai -400001.
2Â General Insurance [Public Sector] Association of India [GIPSA]
rep. by its Chairman, 3rd Floor, Rear Wing, Jeevan Vihar Building, Sansad Marg, New Delhi.
3Â Â The National Insurance Academy, Rep. by its Director, Balewadi, Baner Road, Pune, Maharastra – 411 045
…..Respondents
Petition under Article 226 of the Constitution of India, praying that in the circumstances stated in the petition and the affidavit filed herein, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of ‘Writ of Mandamus1 declaring the action of the respondents in proceeding further with the promotional exercise to the post of Scale II to Scale V Officers of the 1st respondent company, in pursuance of the Written Test held on 18.12.2011 without giving moderation/grace marks for the wrong questions and without reducing the cut off pass marks in view of the wrong questions with wrong answers as options as illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and further declare that the Members of the Petitioner’s Union are entitled for grace marks for the questions with wrong answers as options or for reduction of Pass marks/cut off marks from 50%;
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The petition coming on for hearing, upon perusing the petition and the affidavit filed herein, and the orders of the High Court dated: 9-2-2012 & 01-3-2012 made in WPMP. No.4178 of 2012, and upon hearing the arguments of Sri Motupalli Vijaya Kumar, Advocate for the Petitioner and of Sri Ravi Shankar Jandhyala, Advocate for the Respondent No.l, and of Sri Vedula Srinivas, Advocate for the Respondents No.2 & 3, the Court made the following.
ORDER
“Admittedly, 0.33 negative marks would have been awarded to a wrong answer to the questions given in the objective type. Admittedly, three questions each in question paper for Scale-I and Scale-Ill and two questions each in question paper for Scale-II and Scale-V were having incorrect options or ambiguity in language.
In the above circumstances, the petitioner and respondents are directed to seek the opinion of experts to meet the situation and to render justice to all the candidates or to consider a proposal for appointing an expert committee to examine the question papers and to come out with a scientific way in solving the problem. Therefore, ail the promotions would be subject to the orders to be passed by this Court in future. Unless and until it is absolutely necessary for administrative convenience, the respondents shall not issue the orders promoting the officers and even if such orders have been issued they shall specifically mention that those orders shall be subject to the result of this writ petition.
List the matter on 22.03.2012.
The respondents shall produce the question papers in a sealed cover before this Court on the next date of hearing.”
