CBDT’s Grace Marks Policy for Dept Exam Not Meant to Allow Reserved Category Candidate to Switch Over To General Category
Case: Union of India vs Mukesh Kumar Meena
Coram: Justices M R Shah and B V Nagarathna
Case No.: CA 3468 OF 2022
Court Observation: “Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks.”
“Once the respondent – original applicant passed in his own category, there was no question of allowing/granting him any urther grace marks. If the contention on behalf of the respondent – original applicant is accepted, in that case, granting the grace marks in the aforesaid case would be beyond the object and purpose of granting grace marks and beyond the policy declared by CBDT. Only in a case where any candidate belonging to any category is marginally failing to pass the examination, he is/was to be allowed the grace marks so as to allow him to obtain the minimum passing marks required and that too by allowing upto five grace marks. By passing the impugned judgment and order, the High Court has not at all appreciated and/or considered in its true spirit the object and purpose of grace marks policy introduced by CBDT. It was never meant for a person, who has passed in his own category and still to allow him further grace marks to enable him to move to the general category. That was not the object and purpose of the grace marks policy.”
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