LexN. LOKNATHAM versus CHAIRMAN, TELECOM COMMISSION & ORS.
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[2008] 6 S.C.R. 857 ~ N. LOKNATHAM A v. CHAIRMAN, TELE-COM. COMMISSION & ORS. (Civil Appeal No. 2896 of 2008) APRIL 22, 2008 B (S.B. SINHA AND V.S. SIRPURKAR, JJ.) Administrative Tribunals Act, 1985 - Jurisdiction- Junior ·Accounts Officer Part-II departmental examination - Questions framed out of the prescribed syllabus - Unsuccessful c candidates filing original application for awarding minimum qualifying marks -Allowed by tribunal- Jurisdiction of 1ribunal in awarding such relief - Challenge to ~ Allowed by High Court- Correctness of- Held: Tribunal, in terms of provisions under 1985 Act, exercises a limited jurisdiction - Candidates D in question are experienced employees who knew the purport + and object of holding departmental tests - They should be thorough with the rules, procedure etc. - Even if some ambiguity was there in the syllabus/in framing questions, it would have been for an expert to clear the same - In regard to questions framed out of syllabus, only those candidates E who could not answer the same might have been entitled to any relief - However, no such relief could have been granted by the tribunal on assumption that the appellant could not prepare well owing to some misunderstanding in regard to extent of the syllabus - Moreover, incumbent in question F appeared again in the subsequent examination but did not qualify the same - The principle of estoppel would apply in his case - Thus, Tribunal exceeded its jurisdiction in granting the relief - Jurisdiction of Administrative Tribunal - Exercise of - Limitation - Principle of estoppel - Applicability of - G Service law - Selection. Appellant and other employees appeared in Jr. Accounts Officer Part-II departmental examination and were declared unsuccessful. They filed an original 857 H 858 SUPREME COURT REPORTS [2008] 6 S.C.R. A application before the Central Administrative Tribunal alleging that certain questions in one of the question paper were framed out of the prescribed syllabus, praying for directions against the respondents to award minimum qualifying marks in the said paper. The application was B allowed by the Tribunal. Respondents filed a writ petition, which was allowed by the High Court. Hence the present appeal. Appellant-unsuccessful candidates contended that the syllabus of first paper of Jr. Accounts Officer, Part-II C Examination Paper-IX comprises of General Principles and Cash; and that the General Principles are dealt with in Chapter 2 of the prescribed book and the syllabus relating to cash is dealt with in Chapter 5 and in that view of the matter, no question out of the said syllabus should D have been framed. Respondents submitted that the words 'General Principles and Cash' must be understood in its etymological sense and not in the context of their contents as contained in Chapter 2 and Chapter 5 thereof; and that E wherever the State intended to prescribe a particular Chapter, the same had categorically been mentioned in the syllabus. Dismissing the appeal, the Court F HELD: 1.1 The Tribunal, in terms of the provisions of the Administrative Tribunals Act, 1985 exercises a limited jurisdiction. (Para - 10) [863-F] 1.2 Appellants are experienced employees. They G knew the significance of the departmental examination. They were aware what was expected of them. They knew the purport and object of holding departmental tests. It is furthermore not a case where key answers had been provided which were found to be palpably wrong. (Para - 16) [866-E, F] H N. LOKNATHAM v. CHAIRMAN, TELE-COM. 859 COMMISSION & ORS. Kanpur University, Through Vice-Chancellor & Ors. vs. A Samir Gupta & Ors. (1983) 3 SCC 309; P.K. Ve/son & Ors. vs. Union of India & Ors. (2005) 11 SCC 192 and Manish Ujwal & Ors. vs. Maharishi Dayanand Saraswati University & Ors. (2005) 13 sec 744 - distinguished. 1.3 For performing the functions in a more 8 responsible position, the employees were required to be thorough with the rules pertaining to all receipts and expenditure of the Department and it is in that sense, the First Volume of Financial Handbook deals with such transactions in general. The cadre of Junior Accounts C Officer is the feeder post for promotion to the cadre of Assistant Accounts Officer, Accounts Officer· and Senior Accounts Officers. Officers belonging to the said cadre must have sufficient knowledge as regards the procedure pertaining to the Acc
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