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Civil · Reportable judgment

Union of India and Ors. vs Mukesh Kumar Meena

Court
Supreme Court of India
Date
28 April 2022
Case No.
Civil Appeal No. 3468 of 2022
Result
Allowed
Bench
M.R. Shah, B.V. Nagarathna
Citation
[2022] 3 S.C.R. 121 : 2022 INSC 490
Supreme Court Reports [2022] 3 S.C.R. 121 : 2022 INSC 490
Headnote

Service Law : Selection/appointment – Departmental exam for Income Tax Inspectors – Grace marks policy – Benefit of – Held: Benefit of grace marks was not to allow the reserved category to switch over to general category –Central Board of Direct Taxes introduced the grace marks policy with the purpose of enabling marginally failing candidates to pass the examination – Once the applicant passed in his own category-reserved category, there was no question of allowing/granting him any further grace marks to switch over to general category – Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks – High Court did not appreciate the true spirit the object and purpose of grace marks policy – Rules for Departmental Examination for Income Tax Inspector, 1998.

Allowing the appeal, the Court

HELD: 1.1 The CBDT introduced the grace marks policy with the purpose of enabling marginally failing candidates to pass the examination. As per the Rules for Departmental Examination for Income Tax Inspector, 1998, the minimum marks provided for general category candidate was 45% and in the case of SC/ST category candidate, it was 40%. In the instant case, the respondent secured more than 45% marks in each subject except the subject of “Other Taxes”, wherein, he secured 43% marks. However, the minimum requirement was 40% so far as the respondent is concerned, as he belonged to ST category and so he passed in his own category. However, it is the case on behalf of the respondent that as the minimum marks required for general category candidate was 45% and if he would have been awarded two marks by way of grace in the subject of “Other Taxes”, in that case, he would have secured the minimum 45% marks required for general category candidate and therefore, he would have got the promotion in the general category. The tribunal rightly did not accept the same. The benefit of the grace marks was not to allow the reserved category candidate to switch over to general category. [Para 6][126-D-G]

Read the full headnote (3 more paragraphs)

Once the respondent-original applicant passed in his own category, there was no question of allowing/granting him any further grace marks. If the contention on behalf of the respondentoriginal applicant is accepted, in that case, granting the grace marks in the said case would be beyond the object and purpose of granting grace marks and beyond the policy declared by CBDT. Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks. By passing the impugned judgment and order, the High Court has not at all appreciated and/or considered in its true spirit the object and purpose of grace marks policy introduced by CBDT. It was never meant for a person, who has passed in his own category and still to allow him further grace marks to enable him to move to the general category. The impugned judgment and order passed by the Division Bench of the High Court is unsustainable and is quashed and set aside. [Para 6.1, 8] [127-A-D, F]

Rajesh Kumar Daria Vs. Rajasthan Public Service Commission and Ors. (2007) 8 SCC 785 : [2007] 8 SCR

972 – distinguished.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 20.02.2015 passed by the High Court of Judicature for Rajasthan at Jodhpur in DBCWP No. 1542 of 2015, by which the High Court has allowed the said writ petition preferred by the respondent herein – original writ petitioner and has set aside the judgment and order passed by the Central Administrative Tribunal, Jodhpur Bench, Jodhpur (hereinafter referred to as the “Tribunal”) in O.A. No. 155 of 2014 by which the learned Tribunal dismissed the said applicat
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