ASHOK KUMAR ROY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present petition has been filed with a prayer for a direction to the respondent-State to make provisions for relaxation/concession in matters of promotion for the candidates belonging to SC/ST category by adopting lesser standard evaluation or lowering the qualifying marks in terms of proviso to Article 335 of the Constitution of India.

(2.) The brief facts of the case are that the petitioner, who belongs to SC category, is working as a Constable with the Mewar Bhil Core (MBC) and posted at Kherwada, District Udaipur. The services of the petitioner are governed by the Rajasthan Police Subordinate Service Rules, 1989 (hereinafter referred to as, 'the Rules of 1989'). On 2/5/2016, applications from eligible Constables for promotion to Head Constables were invited. As per Rule 29, qualifying examination for promotion comprises of two parts. Part I consists of written, practical and other outdoor test and part II comprise of interview and examination of service record along with the Annual Confidential Report. The petitioner was declared successful in part I and he scored 23 out of 75 marks in part II. As per Rule 27(2) of the Rules of 1989, 45% marks i.e. 33.75 marks in part II were essential for qualifying. The petitioner having not scored the said qualifying marks, was declared unsuccessful.

(3.) There were two vacancies available for promotion and qua one, the other SC candidate Mahaveer Prasad, who scored 37.5 marks in part-2 was declared successful. One seat remained vacant. Aggrieved against his non-selection, the present petition has been filed wherein it has been urged on behalf of the petitioner as under: