Showing posts with label Article 16 of Constitution of India. Show all posts
Showing posts with label Article 16 of Constitution of India. Show all posts

Thursday, January 26, 2017

SC says Reservations & Relaxations for disabled - a matter of Govt. Policy; Rejects Delhi & Madras HC view on number of attempts at CSE [Judgement Included]

Dear Colleagues,

While hearing Civil Appeal No. 858 of 2017 (Arising out of SLP (C) No. 21587 of 2013), titled Union of India & Ors Vs. M. Selvakumar & Anr., a bench of Hon'ble Supreme Court comprising  Sh. Justice Ranjan Gogoi and Sh. Justice Ashok Bhushan, in its judgement dated 24 January 2017 has observed, "It is not in the domain of the courts to embark upon an inquiry as to whether a particular public policy is wise and acceptable or whether the better policy could be evolved. The court can only interfere if the policy framed is absolutely capricious and non-informed by reasons, or totally arbitrary, offending the basic requirement of the Article 14 (right to equality) of the Constitution."

The bench headed by Ranjan Gogoi set aside the judgement of the Madras High Court and the view taken by Delhi High Court that "increasing the number of attempts for Physically Handicapped candidates belonging to General Category from 4 to 7 with effect from the 2007 Examination and not proportionally increasing the number of attempts for Physically Handicapped candidates belonging to OBC Category from 7 to 10, is discriminatory and arbitrary".

Judgement

To read the judgement in Civil Appeal No. 858 of 2017 titled Union of India & Ors Vs. M. Selvakumar & Anr  in portable document format (PDF) click here, and in Notepad format click here.

Background

It is pertinent to note that the Madras High Court in its order passed on 24.01.2012 in Writ Petition (C) No. 18705 of 2010 titled M. Selvakumar versus Central Administrative Tribunal and Others had discussed in detail clause-3 (iv) of the Notification for CSE 2008 and specifically discussed the provision which states that physically handicapped will get as many attempts as are available to other non-physically handicapped candidates of his or her community, subject to the condition that physically handicapped candidates belonging to the general category shall be eligible for 07 attempts. The High Court had further observed that the number of attempts for the physically handicapped persons in the general category has been increased from four to seven. However, the same benefit has not been proportionally extended to the PH candidates in the OBC community. Considering this to be inconsistent with Articles 14 and 16 of the Constitution of India the petitioner M Selvakumar was given relaxation in the number of attempts as had been granted to the PH candidates belonging to general category. However, there were no specific direction of the Madras High Court to quash clause-3 of the notification nor there was any direction to the respondents to make necessary changes in the Rules for future examinations.

The SC bench said "the horizontal reservation and relaxation for Physically Handicapped Category candidates for Civil Services Examination, is a matter of Governmental policy and the Government after considering the relevant materials have extended relaxation and concessions to the Physically Handicapped candidates belonging to the Reserved Category as well as General Category.

The verdict came on appeal filed by the Union of India challenging two judgements of the high courts which allowed Physically Handicapped students of OBC to avail 10 attempts instead of 7 attempts in the Civil Services Examination.

Both the High Court's had held that since the attempts for Physically Handicapped candidates belonging to General Category have been increased from 4 to 7 with effect from 2007 Civil Services Examination, there should be proportionate increase in attempts to be taken by Physically Handicapped Candidates belonging to the OBC Category. 

The apex court said when the attempts for exams of Physically Handicapped candidates of OBC Category as well as those of in General Category are made equal, there is no question of discrimination as the candidate belonging to OBC Category has already been given ten years relaxation in age which give them a relaxation of three more years.

"The present case is not a case of treating unequals as equal. It is a case of extending concessions and relaxations to the physically handicapped candidates belonging to general category as well as physically handicapped belonging to OBC category. Physically handicapped category is a category in itself, a person who is physically handicapped, be it physically handicapped of a general category or OBC category, suffering from similar disability has to be treated alike in extending the relaxation and concessions," noted the bench in its judgment.

Both being provided 7 attempts to appear in Civil Services Examination, no discrimination or arbitrariness can be found in the above scenario", the bench concluded.


Wednesday, November 16, 2016

5% Marks Concession to Reserved Categories in TET is Creating Equal Level-Playing Field - Supreme Court [Judgement Included]

Dear Colleagues,

Hon'ble Supreme Court has reiterated that the preferential treatment or concessions granted to SC/ST, backward classes, persons with disabilities and de-notified communities is within the concept of equality and is in furtherance of the  constitutional obligation of the State to the under-privileged and to create an equal level-playing field.

In the instant case the 5% marks concessions granted by the Tamil Nadu State to the reserved categories in State Teachers Eligibility Tests conducted under the NCTE guidelines was under challenge. The division bench comprising Justice Siva Kirti Singh and Justice R Banumati was considering a batch of appeals on conflicting judgments from Principal and Madurai Bench of Madras High Court concerning appointment of secondary grade teachers and B.T. assistants in Tamil Nadu as per the guidelines prescribed by the National Council for Teacher Education (NCTE).

Hon'ble SC Bench observed that “The idea behind laying down NCTE guidelines for conducting TET was to bring about uniformity and certainty in the standards and quality of education being imparted to the students across the nation. However, at the same time the framers of the guidelines took note of the huge socioeconomic disparity existing in the nation and accordingly, by virtue of Clause No. 9 enabled the respective state governments/authorities to provide relaxation to the candidates belonging to socially backward classes.” 

Hon'ble Bench expressed that the Constitution   of   India   has   made   adequate   enabling   provisions empowering   the   State   to   promote   reservation/concessions.   Special provisions are made for advancement of the socially and economically backward classes.  These provisions will bring out the contents of equality of opportunity guaranteed under Articles 14, 15 (1), 16 (1) of the Constitution of India by creating equal level-playing field.  

Hon'ble Court made a reference to M. Nagaraj and Others vs. Union of India and Others  (2006) 8 SCC 212, wherein the Constitution Bench held as follows:-
“47. Equality of opportunity has two different and distinct concepts.  There is a conceptual distinction between a non-discrimination principle and affirmative   action   under   which   the   State   is   obliged   to   provide   a level-playing field to the oppressed classes.   Affirmative action in the above sense seeks to move beyond the concept of non-discrimination towards equalizing results with respect to various groups.   Both the conceptions constitute “equality of opportunity”.”
The Bench also made a reference to State of Madhya Pradesh and Anr. Vs. Kumari Nivedita Jain and Others (1981) 4 SCC 296 wherein it was eloquently stated that the grant of relaxation is for the upliftment of Scheduled Castes and Scheduled Tribes and other backward communities.  

The bench also indicated that in a similar case wherein Rajasthan High Court upheld the challenge to relaxation to reserved categories,  the Hon'ble SC had reversed the Rajasthan High Court judgement  in the matter titled  Vikas Sankhala and Ors. v. Vikas Kumar Agarwal and Ors. Etc. (2016) 10 SCALE 163.

The bench held that such a provision is in line with the principles enshrined in the Constitution and state government cannot be faulted for discharging its constitutional obligation of upliftment of socially and economically backward communities by providing 5% relaxation to candidates belonging to scheduled caste, scheduled tribes, backward classes, most backward classes, de-notified communities and persons with disability (PWD). 

The bench also rejected the contention that the government has changed the rules of selection. “It is not the case where a basic eligibility criterion has been altered in the midst of the selection process.” “By granting relaxation of 5% marks in TET for reserved categories only, the eligibility criterion is neither altered nor is any prejudice caused to the appellants.”

The Hon'ble bench finally held that Madras High Court principal bench rightly rejected the challenge to G.O.(Ms.) No.25 dated 06.02.2014 and G.O.(Ms.) No. 71 dated 30.05.2014, holding that as per the NCTE guidelines, the state government has the power to grant relaxation on marks obtained in TET to candidates belonging to reserved category and the same is affirmed.

To read the judgement click here: