- (1.) The challenge in the present writ petition is to the Clause 9.2.3 of the promotion policy applicable to the nationalized Insurance companies. The said clause reads as under : "An Officer shall be declared as having qualified the written test provided he secures 50 (45 for SC/ST Officers with effect from Promotion Exercise 2008-09) or more marks as per the evaluation done by the Examining body. Officer securing marks below the minimum qualifying marks shall not be considered in the further process of promotion for the year concerned."
(2.) Learned counsel for the petitioner has sought to argue that the candidates belonging to the Scheduled Castes and Scheduled Tribe Categories as well as that of the General Category are working in the same environment and, therefore, there is no justification for relaxing the minimum marks for qualifying written test from 50% to 45% for the candidates belonging to Scheduled Castes and Scheduled Tribes categories.
(3.) The argument raised by the learned counsel for the petitioner cannot be accepted for the reason that in terms of Article 16 (4) (A) of the Constitution of India, as amended by the 85th Constitutional Amendment and made applicable retrospectively w.e.f. 17.6.1995, the State is authorized to make reservations in the promotions as well.;