Summary
An ST employee who had passed the departmental Income Tax Inspector examination at the applicable relaxed threshold sought two grace marks to meet the general-category threshold and obtain promotion against general vacancies. The Court held that the CBDT policy aided candidates marginally failing the examination and did not authorise additional marks for someone who had already passed in his category. It restored the Tribunal’s dismissal of his claim.
Issues
- Whether the CBDT grace-marks policy entitled an employee already qualified under his reserved-category threshold to additional marks for general-category treatment.
Held
- The policy’s purpose was to enable marginally failing candidates, irrespective of category, to reach the applicable pass mark through up to five grace marks. It did not authorise further marks for a candidate who had already passed under the threshold applicable to him. (¶ 6-6.1)
- The employee’s 43 marks in Other Taxes exceeded the applicable ST pass mark of 40. Awarding two additional marks solely to reach the general-category threshold of 45 would extend the policy beyond its stated purpose. This holding concerned the specific grace-marks policy and did not create a general prohibition on reserved-category candidates competing on merit. (¶ 6-6.1)
- Rajesh Kumar Daria did not govern entitlement under this specific policy and could not support the High Court’s direction to award the additional marks. (¶ 7)
Result
Union’s appeal allowed. The High Court judgment was set aside and the Tribunal’s dismissal of the original application restored. No order as to costs.