RAM BHAGAT SINGH Vs. STATE OF HARYANA
SUPREME COURT OF INDIA (FROM: PUNJAB & HARYANA)
Ram Bhagat Singh
STATE OF HARYANA
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(1.)The petitioners are law graduates. They state that they belong to Scheduled Caste and Scheduled Tribe segments of the community. They are seeking enforcement of the right to equality of opportunity in the matter of appointment to posts in the subordinate judiciary in the State of Haryana. The State of Haryana has reserved 20. 00 per cent of the posts in the Haryana Civil Service (Judicial Branch) for the Scheduled Castes and Scheduled Tribes. It is the case of the petitioners that though 20. 00 per cent of the posts in the Haryana Civil Service (Judicial Branch) have been reserved for Scheduled Castes and Scheduled Tribes, the strength of the appointments made since 1969 onwards reveals that hardly 8 per cent of the total posts i. e. 40 to 45 per cent only of the cadre strength have been allotted to the Scheduled Castes and Scheduled Tribes. The petitioners contend that in other States of India different percentages of marks have been prescribed for Scheduled Castes, Scheduled Tribes and general candidates for determining their suitability and/or eligibility for appointment. But in Haryana, they contend, minimum marks have been prescribed as 55 per cent for all categories of candidates, namely, Scheduled Castes, Scheduled Tribes and general candidates.
(2.)In this connection, it may be appropriate to refer to the fact that under the Punjab Civil Services (Judicial Branch) Rules, 1951 framed in exercise of powers conferred by Article 234 read with proviso to Article 309 of the Constitution of India, rules have been framed and are prevalent. Part 'c' of the rules deals with the rules and instructions for the examination of the candidates for admission to the judicial branch of the Haryana Civil Service. Part 'c' of the said rules was brought into force by the Haryana Adaptation Laws (State and Concurrent Subjects) Order, 1968. Rules 7 and 8 of the said rules, inter alia, provide as follows:
"7.No candidate shall be called for the viva voce test unless he obtains at least 45 per cent of marks in the aggregate in all the written papers and 33 per cent marks in the language paper, Hindi (in Devanagri script).
8. No candidate shall be considered to have qualified in the examination unless he obtains at least 55 per cent marks in the aggregate of all papers including the viva voce test. "
(3.)It is the case of the petitioners that fixation of the standard of marks which the petitioners describe as high standard, has resulted in denial of opportunity to the Scheduled Castes and Scheduled Tribes thus amounting to denial of equality of opportunity in the jobs which, the petitioners contend, the State otherwise sought to achieve and ought to achieve in favour of Scheduled Castes and Scheduled Tribes.
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