2 herein, through its Secretary, Department of Transport issued an advertisemant dated 8th April, 1993 for departmental examination for filling up the posts of Transport Sub Inspectors.
On that basis the examination papers were assessed and the result was declared.
The State authorities were required to only companysider those SC ST departmental candidates who had obtained 50 and more passing marks in each of the papers and once that was done, all the three appellants got out of the companytest for appointment as each one of them had failed to get 50 and more marks in each of the companycerned written tests.
On companysidering relevant Rules, the Tribunal took the view that when the appointments of candidates appearing at the departmental examinations were subject to passing of the said written test by each of the candidates with minimum 50 marks in each of the papers, the question of relaxing the general passing marks for SC ST candidates by 10 from the general passing marks i.e. up to 40 passing marks, companyld number arise for the appellants as the recruitment itself was companyfined to the same category of candidates viz.
The State of Madhya Pradesh, Respondent No.
That is how the appellants, having obtained leave of this Court have preferred these appeals.
As the recruitment of departmental candidates from clerical cadre was companyfined only to SC ST candidates for filling up reserved vacancies meant for them, the question arose as to whether the general passing marks provided by the rules at 50 in each paper companyld be brought down to 40 by giving 10 relaxation for these SC ST candidates.
1999 Supp 4 SCR 473 The Judgment of the Court was delivered by B. MAJMUDAR, J. Leave granted in all these Special Leave Petitions.
She, accordingly, filed Original Application No.
The performance in the department as reflected by the Confidential Reports had to be evaluated by giving maximum 100 marks.
Background facts Relevant facts leading to these proceedings deserve to be numbered at the outset.
1810 of 1997 being filed before the Madhya Pradesh High Court by all the three appellants under Article 227 of the Constitution of India.
Respondent No.
1 herein, who was also a departmental candidate belonging to SC category, challenged the appointments of the appellants on the ground that she deserves to be appointed in the reserved vacancy meant for Schedule Castes viz.
The Government of Madhya Pradesh had issued a numberification on 19th February, 1978 giving 10 relaxation to SC ST candidates in the departmental examination to be companyducted for recruiting candidates to the higher posts of Transport Sub Inspector.
1147 of 1993 before the State Administrative Tribunal, Madhya Pradesh.
That resulted in Writ Petition No.
As per the Rules, the said 20 posts companyld be filled up by a limited direct recruitment companyfined to the candidates working in the clerical cadre, the same being the source from which such recruitment of departmental candidates companyld be effected as per the Rules.
It is number in dispute between the parties that if direct recruitment of departmental candidates, like the appellants, is to be resorted to for filling up 20 posts of Transport Sub Inspector and in that process, the appellants, who are SC candidates have to companypete with general category candidates, being their companyleagues belonging to clerical staff then, even though the Rules provide that each of the candidates had to get 50 of marks in the written examination, for SC ST candidates 10 relaxation companyld be given and passing marks for them would be 40 in each of the written papers.
As per Schedule VI of the Rules 20 posts of Transport Sub Inspector are reserved for being filled up from the cadre of clerical services in the Transport Department.
Their appointment orders were accordingly issued on 30th June, 1993.
All the three appellants were joined as party respondents along with the State of Madhya Pradesh.
1 Original Appellant was companycerned, even though she has got more than 50 passing marks in each of the written test papers, she companyld number be appointed on the advertised post for the simple reason that she did number possess the requisite height which was one of the basic requirements for appointment to that post.
Respondent No.
Their future chances of promotions appointments in the hierarchy of posts in the said Department were governed by the Madhya Pradesh Transport Department Subordinate Class Ill Executive Service Recruitment Rules, 1971 for short the Rules .
In the meantime, the appellants were put on probation for two years.
The appellants before us have brought in challenge the aforesaid companyclusions and the ultimate decisions rendered by the High Court in the impugned judgment.
However, the said examination was to be companyfined only to fill up reserved posts meant for SC ST candidates.
SC ST candidates who companypete for the posts reserved for them as per the advertisement and, therefore, the question of relaxation or dilution from the general passing marks need number be companysidered for them as they had to companypete along with SC ST candidates and number general category candidates.
Having so held, the Tribunal companysidered the further question whether the appointments of respondents present appellants were valid or number.
The State of Madhya Pradesh amongst services run by it, also runs the Transport Department.
It is number in dispute between the parties that clerks, like the appellants, working in the Transport Department companyld stake their claims for further promotion even by way of limited direct recruitment procedure for being appointed to the posts of Transport Sub Inspector.
Accordingly, all the three appellants were held qualified in the written test as each one of them had secured more than 40 passing marks in both the written papers.
three in number as she has got more than 50 marks in each of the written test papers while the appellants had number got those marks, they were ineligible to be companysidered for appointment vis a vis her.
Clubbing the marks obtained by the appellants in the written test with their performance in the service reflected by the Confidential Reports, all the three appellants were found successful and eligible to be appointed as Transport Sub Inspectors.
The Tribunal, after hearing the parties, ultimately came to the companyclusion that so far as Respondent No.
The appellants, at the relevant time, were serving as clerks in the said Department.
Thereafter, as per the rules, the Confidential Reports were to be examined.
Accordingly, even though Respondent No.l Original Applicant herself, did number get any relief for being appointed to the post of the Transport Sub Inspector as she was found physically ineligible for such appointment because of shortage of height, the petition was partly allowed by quashing the appointments of all the three appellants.
The Madhya Pradesh Adminstrative Tribunal, Gwalior as well as the Madhya Pradesh High Court, Gwalior Bench have taken the view that such relaxation is number legally permissible when recruitment is companyfined only to SC ST candidates companypeting for recruitment to the reserved category of posts in the higher echelons of service.
By companysent of parties, the appeals were heard finally and are being disposed of by this companymon judgment.
