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Union of India & Ors. vs Mukesh Kumar Meena

Civil Appeal · 2022 INSC 490Decided 28 Apr 2022
Civil Appeal No. 3468 of 2022
M.R. Shah · B.V. Nagarathna

Background

The respondent, a Scheduled Tribe (ST) category employee of the Income Tax Department, appeared for a departmental examination under rules requiring 45% marks for general category candidates but only 40% for SC/ST candidates. He cleared every subject above 45% except "Other Taxes," where he scored 43%: already above the 40% ST threshold, so he was declared passed in his own category. He later sought two additional "grace marks" in that subject so his score would cross the 45% general-category threshold, which would let him be treated as a general category candidate for promotion purposes. The Central Administrative Tribunal rejected this, but the Rajasthan High Court reversed the Tribunal and directed the grace marks be given.

Decision Breakdown

The Supreme Court held that the CBDT's grace marks policy existed solely to help marginally failing candidates cross the passing threshold in their own category, not to let an already-passed candidate accumulate extra marks to reclassify into a different (general) category for promotional advantage. Since the respondent had already passed in his ST category, there was no scope for granting him further grace marks. The Court found the High Court had wrongly relied on Rajesh Kumar Daria v. Rajasthan Public Service Commission, which was not applicable to these facts, and restored the Tribunal's order dismissing the respondent's application.

Lesson Learnt

Grace marks or other examination concessions are ordinarily to be interpreted strictly for the specific purpose they were designed for (here, helping marginally failing candidates pass) and cannot be stretched by candidates who have already passed to gain an unrelated benefit like category reclassification for promotion.

Official source (sci.gov.in)View Judgment (PDF)

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