Shashi Bhushan Tiwari & Ors. vs Union Of India & Ors.
2013 Latest Caselaw 4181 Del

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                   Judgement pronounced on:16.09.2013

+                         W.P.(C) 5852 of 2013

SHASHI BHUSHAN TIWARI & ORS.            ..... Petitioners
             Through: Mr. T. Hasan, Adv.

                                  versus

UNION OF INDIA & ORS.                             ..... Respondents
              Through:          Mr. Amrit Pal Singh, CGSC.

CORAM:
HON'BLE MR. JUSTICE V.K. JAIN

V.K. JAIN, J.

CM No.12906/2013 (Exemption) Allowed subject to just exceptions.

WP (C) No.5852/2013 & CM No.12905/2013 (Directions) The guidelines dated 22.9.2011 for Selection and Grant of Guide License to Regional Level Tourist Guides (RLG)-2011 to the extent they are relevant read as under:

"4.2 Entrance Test:

4.2.1 An entrance test would be conducted to evaluate the general intelligence and suitability of applicants for admission to guide training. The entrance test would be of three hours duration and cover the following subjects:

(a) Knowledge of monuments / tourism destinations In the region - 100 marks

(b) Indian history & Indian Culture - 100 marks

(c) General Knowledge - 100 marks

Note:

(i) For Linguist Guides, the written test would be conducted in the concerned foreign language.

(ii) All applicants shall obtain at least 150 marks out of total marks of 300 for qualifying the written test.

4.3 Preparation of Merit List:

4.3.1 A merit list of all applicants who pass the entrance test would be prepared on the basis of aggregated marks.

In case of a tie at cut - off level in the merit list, the merit will be decided on the basis of following: First on the basis of score in paper A followed by score in paper B. If the tie still persists, score in paper C will be considered. If the tie is not resolved through the above, the age of applicants will be considered for deciding merit and those older in age will be placed higher in merit list."

2. The grievance of the petitioners is that though they qualified in the entrance test which was conducted by the respondents by securing 150 or more marks, the merit list has been restricted only to those candidates who secured up to 198 marks out of total 300 marks, meaning thereby, who had secured 66 per cent and higher marks.

3. In view of the Rule position as extracted above, the merit list must necessarily include all the candidates who passed the entrance test irrespective of the marks obtained by them and any person who has

obtained, at least, 150 marks out of total 300 marks is a candidate, who is to be treated as a candidate who passes the entrance test.

4. The learned counsel for the respondents draws my attention to Annexure P-3 at page 59 of the paper book which to the extent it is relevant reads as under:

"Requirement of Guides Northern Region (Delhi, Haryana, Himachal Pradesh, Jammu 180 & Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, and Union Territory of Chandigarh) Southern Region (Tamil Nadu, Andhra Pradesh, Karnataka, 25 Kerala, and Union Territories of Pondicherry and Lakshadweep) Western & Central Region (Maharashtra, Madhya Pradesh, 32 Chhattisgarh, Gujarat, Goa and Union Territories of Dadra & Nagar Haveli, Daman & Diu) Eastern Region (States of West Bengal, Bihar, Jharkhand, 15 Orissa, Union Territory of Andaman & Nicobar Islands) North-Eastern Region (Arunachal Pradesh, Assam, 25 Meghalaya, Manipur, Mizoram, Nagaland, Sikkim and Tripura)

Referring to the aforesaid provision the learned counsel for the respondents states that since the requirement was only for 180 Guides in the Northern Region the list has been prepared.

5. In my view the contention is wholly misconceived. The above- referred Admission Notice only indicates the requirement of Guides at the time when the Admission Notice was issued. The requirement may increase or decrease with the passage of time and based on various exigencies, but so long as the Guidelines for Selection & Grant of Guide License dated 22.9.2011 stand the merit list must necessarily contain the

names of all the candidates who secured, at least, 150 marks out of total 300 marks in the written test.

6. In view of the above the respondents are directed to declare a revised merit list including the names of all the eligible candidates who have secured, at least, 150 marks out of the total 300 marks.

The writ petition and the application stand disposed of.

SEPTEMBER 16, 2013                                         V.K. JAIN, J.
b'nesh