Case Law Details
Case Name : Union of India Vs Mukesh Kumar Meena (Supreme Court of India)
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Supreme Court of India
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Union of India Vs Mukesh Kumar Meena (Supreme Court)
it is observed that the CBDT introduced the grace marks policy with the purpose of enabling the marginally failing candidates to pass in the examination. 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 respondent – original applicant is accepted, in that case, granting the grace marks in the aforesaid case would be beyond the object and purpos
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CASTE BASED DISCRIMINATION: General category candidates who obtained 43 marks in evaluation of paper. have been declared meritorious candidate after giving them benefit of 7 Grace Marks and on the other hand SC/ST category candidates who obtained 48 Marks in evaluation, have been considered non meritorious candidate by way of denying them the benefit of 2 Grace Marks to compete the General Category candidates at par.
Facts : The passing %age for qualifying the Departmental exams for ITOs in the year 2007 is 50% for General category and 45% for SC/ST category.
There are large number of General Category candidates who qualified departmental exams in same year by way of getting benefit of grace marks.
Many general category candidates who obtained 50 & above marks in five papers and 43 to 49 marks in one paper, have been declared passed after adding upto 7 grace marks in his/her result.
However, SC/ST category candidates who obtained 50 or above marks in five papers and 45 to 49 marks in one paper, have been denied the benefit of grace marks.
The departmental examination rules itself are explanatory that prior to 2010, there was no concept of qualifying exams on general standard or relaxed standard.
Betterment exams (reappearing) scheme was introduced in the year 2010. The clarification dated 13.12.2012 issued by the DGIT(Admin), CBDT was issued in r/o of candidates who appeared in betterment exams (reappearing candidates).
However, the above clarification has been applied in the matter of SC/ST candidates who had qualified exams before the issuance of clarification dated 13.12.2012 and never appeared in betterment exams.
Resultantly, the senior SC/ST candidates have been denied promotion against the UNRESERVED Vacancies (open for all) and junior Gen category candidates who qualified exams with the benefit of Grace Marks, have been granted promotion to the cadre of ITO.
This is another way of caste based discrimination and injustice being caused with the SC/ST category candidates.