- In the case of the Union of India and Ors. V Mukesh Kumar Meena the Hon’ble SC observed that CBDT’s grace marks were granted to those candidates who marginally couldn’t pass the examination. The benefit of the grace marks was not allowed to the reserved category candidate to move over to the general category.
- In the instant case, the original applicant/respondent belonged to Scheduled Tribe (ST) category. He was appointed as Lower Division Clerk in services of the Department of Income Tax and gradually promoted to the post of Office Superintendent. To be promoted to the post of Income Tax Inspector, the concerned authority introduced modified rules for Department Examination in 1998. The rules for Department Examination for Income Tax had prospective effects and consisted of six papers namely viz. Income Tax Law and Assessment, Other Taxes, Book Keeping, Office Procedure, Examination of Accounts and Hindi Test.
- A candidate securing minimum 45% marks in five subjects except in Hindi was entitled to be declared as pass. For the members of Scheduled Castes and Scheduled Tribes the minimum marks required to qualify the examination was 40% of the maximum marks. The Central Board of Direct Tax introduced policy of awarding grace marks to benefit those candidates who marginally failed to secure minimum marks/percentage irrespective of category they are belonging to if they fall short of passing marks upto five marks.
- The original applicant secured more than 45% marks in each subject except in ‘Other Taxes’. He contended that he is entitled to grace marks in the subject to be qualified in general category but the same was not given as he was treated qualified in ST category.
- He approached the Central Administrative Tribunal by way of filing O.A. No. 155 of 2014. The tribunal affirmed that candidate belonged to ST category and had passed the examination with relaxed standard of marks provided for reserved category. It held that if a candidate has cleared the exam in his category, he cannot be given grace marks to switch his category. The purpose of introducing the grace marks scheme is to enable those candidates who marginally fail in the examination.
- The original applicant, aggrieved and dissatisfied with the passed judgement of CAT filed the writ petition before the Hon’ble Jodhpur HC. The Division Bench relied upon the judgement of Rajesh Kumar Daria Vs. Rajasthan Public Service Commission and Ors., (2007) 8 SCC 785, Hon’ble HC quashed the decision given by the tribunal and directed the Department to extend grace marks in the concerning subject and treat him as general category candidate.
- The Hon’ble SC reversed the decision of Hon’ble HC and upheld the decision given by CAT. It submitted that the facts referred Rajesh Kumar Daria Vs. Rajasthan Public Service Commission and Ors., (2007) 8 SCC 785 were different from instant case and dismissed the appeal. It declared that the CBDT introduced the grace marks policy with the purpose of enabling marginally failing candidates to pass the examination and not for the purpose of switching the category.
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