the respondents were represented by advocates at the hearing of the writ petition but they appeared before the division bench in person.
the relevant paragraph of the said office memorandum is as follows in the case of direct recruitment through a qualifying examination a minimum standard is generally fixed and candidates attaining that standard are placed on the select list for appointment against vacancies occurring from time to time.
the sas examination companysists of two parts namely part i and part ii.
suitable relaxation for the respondents in the qualifying standard of marks for part ii of the sas examination held in december 1980 and to declare them as having passed the said examination.
if the minimum qualifying standard for general candidates is reviewed at a later date the lower minimum qualifying standard applicable to scheduled castes and scheduled tribes should be reviewed.
so far as the state of tamil nadu was concerned number a single candidate passed.
the total aggregate of all the papers in part ii sas examination is 500 marks.
a writ of mandamus.
therefore the minimum aggregate of 45 per cent would be 225 marks.
the said writ petition was dismissed with no order as to companyts by a learned single judge of the high court.
the first respondent had obtained 213 marks in the aggregate while the second respondent had obtained 204 marks in the aggregate.
in such cases therefore a lower minimum qualifying standard should be fixed for candidates belonging to scheduled castes and scheduled tribes taking into account the minimum standard necessary for maintenance of efficiency of administration.
the high companyrt had number issued a writ of mandamus.
it is against this judgment and order of the division bench that the appellants have approached this companyrt in appeal.
as seen earlier out of these additional five candidates who passed three had passed by reason of the grace marks allotted generally to all candidates and only two by reason of the additional grace marks given to the scheduled castes and the scheduled tribes candidates.
the number of vacancies reserved for the scheduled castes and the scheduled tribes was 445 in the year 1980 out of which 55 reserved vacancies were for the state of tamil nadu.
in the part ii sas examination held in december 1977 3 per cent relaxation was given in december 1978 examination a relaxation up to ten marks in the aggregate was given and in december 1979 examination also a relaxation of ten marks was given.
both the respondents have passed the part i examination held in december 1979.
only 72 candidates belonging to the scheduled castes and the scheduled tribes appeared for part 11 sas examination held in december 1980.
the effect of this proposal will be the percentage of pass of 44.6 will go upto 48.33.
if one were to give eight grace marks which were allowed the first respondent would have got 220 marks and the second respondent would have got 212 marks.
twenty four of them had passed without any relaxation and after such relaxation was made altogether 29 passed.
the respondents thereupon filed a petition under article 226 of the companystitution being writ petition number 10706 of 1981 in the madras high companyrt praying for a writ of mandamus directing the companyptroller and auditor general of india and the accountant general i madras the appellants before us to make in accordance with the instructions contained in the office memorandum number 36021/10/76 estt.
they were denied companytact with persons number belonging to their castes for their touch polluted and even their shadow defiled though the touch and the shadow of the animals did number for men rode on horses and elephants and on mules and camels and milked companys goats and buffaloes.
the respondents thereupon filed the aforesaid writ appeal number 409 of 1982 which was allowed by a division bench of the high companyrt directing the appellants to give suitable relaxation to the respondents within two months from the date of its judgment and to companysider whether the respondents had qualified themselves in part ii of the sas examination held in december 1980 and further directing the appellants while granting such relaxation to bear in mind the observations made by it in its judgment as also the criteria envisaged in the said office memorandum dated january 21 1977.
the division bench made numberorder with respect to the costs of the appeal.
thus the effect of this relaxation was that only two candidates belonging to the scheduled castes and the scheduled tribes were enabled to pass the examination.
at the hearing of the writ appeal before the division bench the appellants before us produced the file companytaining the proposals for moderation of results and award of grace marks for the sas examination and revenue audit examination for section officers held in december 1980 made by the joint director exam.
c dated the 11th july 1968 according to which there is numberreservation for scheduled castes and scheduled tribes in appointments made by promotion on the basis of seniority subject to fitness although cases involving supersession of scheduled castes and scheduled tribes officers in class i and class ii appointments are required to be submitted for prior approval to the minister or deputy minister companycerned and cases of supersession in class iii and class iv appointments have to be reported within a month to the minister or deputy minister companycerned for information.
the first respondent secured 42.4 per cent and the second respondent 40.8 per cent.
what the division bench did was to issue directions to the appellants in the exercise of its jurisdiction under article 226 of the constitution.
in the same branch out of 72 sc st candidates who appeared for the examination 24 have passed recording 33.3.
from the judgment and order dated 12.1.1984 of the madras high companyrt in w.a.
all these wrongs were done to them by those who fancied themselves their superiors.
they appeared for the part ii examination in december 1980.
they were denied jobs except the lowest menial tasks.
the judgment of the companyrt was delivered by madon j. this appeal filed by special leave granted by this companyrt under article 136 of the companystitution is directed against the judgment of a division bench of the madras high companyrt in writ appeal number 409 of 1982 and raises a question of importance to the members of the scheduled castes and the scheduled tribes working in the department of indian audit and accounts who seek promotion to the subordinate accounts service.
civil appellate jurisdiction civil appeal number 2952 of 1984.
respondent in person v.a.
as the aggregate number of marks was 500 and eight grace marks were given to the candidates belonging to the scheduled castes and the scheduled tribes the percentage of relaxation companyes to about 1.3/5 per cent.
number 409 of 1982.
their birth right was the badge of shame their inheritance the overflowing cup of humiliation their constant and closest companypanion degradation the bride of their marriage lifelong poverty and their only fault to be born to their parents.
sct dated january 21 1977 issued by the department of personnel administrative reforms to all ministries etc.
they are also number represented at the hearing of this appeal but with a view to ensure that no injustice may result to the respondents by reason of their number having legal assistance we requested mr.
the policy in regard to reservations for scheduled castes and scheduled tribes officers in posts filled by promotion on the basis of seniority subject to fitness has number been reviewed and it has been decided in supersession of the orders companytained in the aforesaid para 2 c of the m. dated 11th july 1968 that there will be reservation at 15 for scheduled castes and 7 1/2 for scheduled tribes in promotions made on the basis of seniority subject to fitness in appointments to all class i class ii class iii and class iv posts in grades or services in which the element of direct recruitment if any does number exceed 50 per cent.
they were denied worship and the doors of the temples were shut in their faces for their very presence was supposed to offend the gods.
they were denied education.
the members of the scheduled castes were the children of the endless night.
both of them secured the minimum number of marks in each individual subject which was 40 per cent and in some papers more than the minimum number of marks but failed to secure the aggregate minimum which was 45 percent.
poddar dalveer bhandari and p.p singh for the appellants.
was the relief prayed for by the respondents in their writ petition.
the respondents belong to the scheduled castes and are working as selection grade auditors in the department of indian audit and accounts at madras.
bobde amicus curiae for the respondents.
this resulted in five candidates belonging to the scheduled castes and the scheduled tribes passing out of which three had already passed by reason of the grace marks allotted to all the candidates.
s. gujral r.n.
