ROHTAS BHANKHAR Vs. UNION OF INDIA

JUDGEMENT

(1.) On 23.12.1970 (1970 O.M.), the Department of Personnel issued Office Memorandum being O.M. No. 8/12/69-Estt.(SCT) relaxing standards in the case of Scheduled Castes/Tribes candidates in departmental competitive examinations and in departmental confirmation examinations. The said O.M. remained operative for about 17 years until O.M. No. 36012/23/96-Estt.(Res) dated 22.7.1997 was issued whereby the instructions contained in 1970 O.M. were withdrawn. Thereafter by Notification dated 30.11.1998, the Central Secretariat Service Section Officers' Grade/Stenographers' Grade 'B (Limited Departmental Competitive Examination) Regulations, 1964 (for short "1964 Regulations") were amended by Central Secretariat Service Section Officers' Grade/Stenographers' Grade 'B (Limited Departmental Competitive Examination) Amendment Regulations, 1998 (for short "1998 Regulations"). The result of this amendment was that in 1964 Regulations, Regulation 7, sub-regulation (3) was omitted on and from 22.7.1997. The explanatory note appended to the above Notification reads as follows:

(2.) In S. Vinod Kumar1, this Court relying upon Indra Sawhney2 held that provision for lower qualifying marks/standard of evaluation was not permissible under Article 16(4) of the Constitution of India in view of Article 335.

(3.) Though Article 16(4A) had been brought into Constitution by the Constitution (Seventy-seventh Amendment) Act, 1995 with effect from 17.6.1995, S. Vinod Kumar1 did not take into consideration this constitutional provision. In our view, S. Vinod Kumar1 is per incuriam.