2007 (10) TMI 697

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....For The Petitioner. Judgment Balakrishnan Nair, The petitioner was the applicant in OA No.287/05. The respondents herein were the respondents in the OA. 2. The brief facts of the case are the following. The petitioner is an Income Tax Inspector. For promotion to the post of Income Tax Officer, he should clear the departmental test consisting of five subjects. The first subject is Income Ta....

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.... Accounts and the Language Test Paper will be restricted to 100. 2. A candidate who has secured 60% or more marks in a particular subject or subjects in one examination will be exempted from appearing in that subject or those subjects in the subsequent examinations. For the purpose of reckoning 60% marks in a particular subject, IT Law-I and IT Law-II will be treated as one subject. 3. Where....

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....id subject and got 57 and 56 marks respectively out of 100. He submits, if his marks for the said subject for the year 2002 are reckoned, it can be taken that he has cleared the examination. But the respondents are reckoning only the marks of 2003 examination. Feeling aggrieved by the said interpretation of the Rules by the respondents, the petitioner moved the CAT by filing the aforementioned OA.....