Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | awarding marks Constables/Head Constables Service Law state of up |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Service Law – Appellants belonging to Scheduled Caste category were posted as Constables/Head Constables in the Police Department of Uttar Pradesh – They appeared in the limited departmental examination held for filling up the posts of SubInspector (Civil Police) – Conduct of examination was to be governed by 2008 Rules – Candidates were required to appear in the written examination carrying 300 marks–Written examination comprised of four subjects (2 papers of 100 marks and 2 of 50 marks each) and the candidate who failed to obtain minimum 50 marks in each subject would not be eligible for promotion – In challenge to the examination on the ground that 18 questions were set in erroneous manner, Single Judge directed the authorities to award full marks to every candidate in respect of those 18 questions– Order stayed by the Division Bench – Supreme Court issued certain directions – Select list was published thereafter – In another SLP, Supreme Court vide order dtd. 10.08.15 directed that no court shall entertain any grievance relating to this particular selection – Writ petition filed by the appellants submitting inter alia that while considering 50 per cent cut off marks, criteria must be “paper” wise and not “subject” wise– In view of the order of Supreme Court dtd. 10.08.15, the High Court dismissed the writ petition – Plea of the appellants that subject nos.3 & 4 of 50 marks each are part of the same paper and the appellants have secured 54% in the paper though may not have secured 50% in subject nos.3 & 4, thus on the strenght of the aggregate from all the subjects, they would be entitled to be promoted – Held: Fact that the appellants had not obtained 50 per cent marks in each of the subjects is accepted – Present matters concern limited Departmental examination where the idea is, regardless of seniority levels, a meritorious candidate be given chance to reach higher levels – Merit is therefore the key element and there can be no compromise and dilution of the criteria – What is required in terms of the Rules is minimum of 50 per cent marks “in each subject” – Subjects are delineated in the Rules and there are four subjects – Irrespective whether subjects 3 and 4 form part of the same paper, the express language of the Rules does not permit any such interpretation and the construction as suggested by the appellants cannot be accepted – Uttar Pradesh Sub-Inspector and Inspector (Civil Police) Service Rules, 2008. r.16. |
Judge | Honble Mr. Justice Uday Umesh Lalit |
Neutral Citation | 2019 INSC 660 |
Petitioner | LANCE NAYAK PNO NO.980510777 RAJ BAHADUR & ORS. |
Respondent | STATE OF UTTAR PRADESH & ORS |
SCR | [2019] 7 S.C.R. 868 |
Judgement Date | 2019-05-09 |
Case Number | 4837 |
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