Case Note & Summary
The case pertains to a dispute over the grant of grace marks in a departmental examination for Income Tax Inspectors. The respondent, Mukesh Kumar Meena, an employee of the Income Tax Department belonging to the Scheduled Tribes (ST) category, appeared for the departmental examination under the Rules, 1998. The examination consisted of six papers, with minimum qualifying marks of 45% for general category and 40% for SC/ST candidates. The respondent secured more than 45% in all subjects except 'Other Taxes', where he obtained 43%. Since he belonged to ST category, he passed the examination with the relaxed standard of 40%. However, he sought two grace marks in 'Other Taxes' to reach 45%, claiming that this would enable him to be considered in the general category for promotion. The Central Board of Direct Taxes (CBDT) had introduced a policy of awarding up to five grace marks to candidates who marginally failed to secure the minimum marks. The respondent approached the Central Administrative Tribunal (CAT), Jodhpur, which dismissed his application, holding that the grace marks policy was meant for marginally failing candidates and not for those who had already passed in their own category. The High Court of Rajasthan at Jodhpur, relying on the Supreme Court's decision in Rajesh Kumar Daria v. Rajasthan Public Service Commission, allowed the writ petition and directed the department to grant grace marks. The Union of India appealed to the Supreme Court. The Supreme Court analyzed the object and purpose of the grace marks policy, noting that it was introduced to enable marginally failing candidates to pass the examination. Since the respondent had already passed in his own category, granting him grace marks would be beyond the policy's scope. The Court distinguished Rajesh Kumar Daria, holding that it was not applicable where a specific grace marks policy existed. The Supreme Court set aside the High Court's order and restored the Tribunal's decision, allowing the appeal.
Headnote
A) Service Law - Departmental Examination - Grace Marks - Central Board of Direct Taxes (CBDT) introduced grace marks policy to enable marginally failing candidates to pass the examination - The respondent, an ST category candidate, secured 43% in 'Other Taxes' (minimum 40% for ST) and passed in his own category - He sought grace marks to reach 45% to be considered in general category - Held that grace marks policy is not meant for a candidate who has already passed in his own category to switch over to general category - The High Court's order granting grace marks was set aside (Paras 6-8). B) Precedent - Rajesh Kumar Daria v. Rajasthan Public Service Commission - Distinguished - The said decision is not applicable where a specific grace marks policy exists for marginally failing candidates - The policy's object is to enable passing, not to allow category switching (Para 7).
Issue of Consideration
Whether a reserved category candidate who has passed the departmental examination in his own category is entitled to grace marks to enable him to be considered in the general category for promotion.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's judgment, and restored the Tribunal's order dismissing the respondent's application. No order as to costs.
Law Points
- Grace marks policy
- Object and purpose of grace marks
- Reserved category candidates cannot claim grace marks to move to general category
- Rajesh Kumar Daria case distinguished
