PETITIONER:
RAM BHAGAT SINGH AND ANR.
Vs.
RESPONDENT:
STATE OF HARYANA AND ANR.
DATE OF JUDGMENT04/04/1990
BENCH:
MUKHARJI, SABYASACHI (CJ)
BENCH:
MUKHARJI, SABYASACHI (CJ)
SAIKIA, K.N. (J)
RAMASWAMY, K.
CITATION:
1990 SCR (2) 329 JT 1990 (2) 114
1990 SCALE (1)716
ACT:
Punjab Civil Services (Judicial Branch) Rules, 1951 (As
adapted by Haryana State): Part C--Rule 8--Haryana Judicial
Service Examination--Prescription of 55 marks in aggregate
for qualifying-Whether results in denial of equality of
opportunity to scheduled castes/ scheduled tribes candi-
dates.
Constitution of India: Articles 14, 15, 16 & 38--Haryana
Judicial Service Examination--Fixation of 55 marks in
aggregate for qualifying-Whether results in denial of equal-
ity of opportunity to scheduled castes/scheduled tribes
candidates.
HEADNOTE:
Rule 8 of the Punjab Civil Services (Judicial Branch
Rules, 1951, as adapted by the State of Haryana, lays down
that no candidate shall be considered to have qualified in
the examination unless he obtains at least 55% marks in the
aggregate of all papers, including the viva-voce test.
The petitioners assailed the said provision on the
ground that fixation of 55% marks has resulted in denial of
equality of opportunity to the scheduled castes and sched-
uled tribes segments of the community vis-a-vis general
candidates for determining their suitability and/or eligi-
bility for appointment in the judicial branch of the Haryana
Civil Services in the absence of lower percentage having
been prescribed for them as in other States.
Disposing of the writ petition and the appeal, the Court,
HELD: 1. Public services and public employment do not
exist for providing jobs in terms of equality or otherwise
to all. Only public services and public employment must
serve public purpose and nothing that hampers or impairs the
efficiency or efficacy of public services should be permit-
ted in ensuring conditions of constitutional equality. These
should be done objectively, rationally and reasonably.
329
2. Scheduled castes and scheduled tribes for reasons
historical or otherwise, are unequal with the general mem-
bers of the community in respect of ability and qualifica-
tion for public employment. They are unable to compete in
terms of absolute equality with the members of other commu-
nities or groups in the society. Hence, in order to make
them compete on conditions of equality with others in re-
spect of jobs and employments of the State certain relaxa-
tions and other factors ensuring equality are imperative.
Our Constitution so enjoins it. Article 38 of the Constitu-
tion read with Article 14, 15 and 16 so mandates it. [332D-
E; C]
3. In the instant case, high efficiency is required
because the recruitment is in the judicial branch, that is
to say, for prospective judicial officers who will be in
charge of administration of justice in the country. But at
the same time, if possible, in order to ensure that there is
equality of opportunity, a percentage should be fixed which
without, in any way, compromising with the efficiency re-
quired for the job which will be attainable by backward
communities, that is to say, scheduled castes and scheduled
tribes. Unless such a percentage is fixed on the aforesaid
basis and a percentage is fixed for qualification which
would normally be unattainable by the scheduled castes and
scheduled tribes determined on an objective basis, it would
not be possible to ensure equality of opportunity. [333D--F]
4.1 The Government is directed to make a conscious
decision objectively before the next selections take place,
and determine a minimum percentage of marks consistent with
efficiency and the need for ensuring equality of opportunity
to scheduled castes and scheduled tribes. [334B]
4.2 The Government should also consider whether further
relaxation in age in favour of scheduled castes and sched-
uled tribes can be made; and if so, to what extent without
hampering efficiency of the administration. This should also
be considered before the next selections for appointment to
the post are made. [334C]
JUDGMENT:
CIVIL ORIGINAL JURISDICTION: Writ Petition No. 1147 of
1988.
(Under Article 32 of the Constitution of India)
WITH
Civil Appeal No. 1782 of 1990.
330
From the Judgment and Order dated 5.6.1987 of the Punjab
and Haryana High Court in C.W.P. No. 13 13 of 1986
R. Venkataramani, Mahabir Singh, M.S. Ganesh and C.M.
Nayar for the Appearing Parties.
The Judgment of the Court was delivered by
SABYASACHI MUKHARJI, CJ. The petitioners are law graduates.
They state that they belong to scheduled castes and sched-
uled tribes 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% of the posts in the Haryana Civil Service (Judicial
Branch) for the scheduled castes and scheduled tribes. It is
the case of petitioners that though 20% 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% of the total posts i.e., 40 to 45% 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 gener-
al candidates for determining their suitability and/or
eligibility for appointment. But in Haryana, they contend,
minimum marks have been prescribed as 55% for all categories
of candidates, namely, scheduled castes, scheduled tribes
and general candidates.
In this connection, it may be appropriate to refer to
the fact that under the Punjab Civil Services (Judicial
Branch) Rules framed in exercise of powers conferred by
Article 234 read with proviso to Article 309 of the Consti-
tution 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 Adapta-
tion Laws (State and concurrent subjects) Order, 1968. Rules
7 and 8 of the said rules, inter alia, provides as follows:
“7. No candidate shall be called for the viva-voce test
unless he obtains at least 45% of marks in the aggregate in
all the written papers and 33% marks in the language paper,
Hindi (in Devanagri script).
331
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.”
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.
We are of the opinion that equality of opportunity
should be striven for and ensured in public employment.
Steps should be taken to see where unequals are competing,
conditions must be created by relaxation or otherwise so
that unequals compete in terms of equality with others in
respect of jobs and employments of the State. Our Constitu-
tion so enjoins it. Article 38 of the Constitution read with
Articles 14, 15 and 16 so mandates it. In order, therefore,
to give those who are unequals, and it is accepted that
scheduled castes and scheduled tribes for reasons historical
or otherwise, are unequal with the general members of the
community in respect of ability and qualification for public
employment. Hence, in order to make the unequals compete on
conditions of equality certain relaxations and other factors
ensuring equality are imperative. Those groups or segments
of society which are by reasons of history or otherwise
unable to compete in terms of absolute equality with the
members of other communities or groups in the society,
should be ensured and assured chances of competing in terms
of equality. They must be helped to compete equally but it
is important to emphasise that equality of opportunity is
sought to be achieved for the public services or employment.
The efficacy and efficiency of that service is of prime
consideration.’ Equality must be there for all to compete
for the public services. Public services and public employ-
ment do not exist for providing jobs in terms of equality or
otherwise to all. Only public services and public employment
must serve public purpose and nothing that hampers or im-
pairs the efficiency or efficacy of public services cannot
and should not be permitted in ensuring conditions of con-
stitutional equality. These should be done objectively,
rationally and reasonably. As is often said, it may be that
need to ensure equality for scheduled castes and scheduled
tribes should not be surrendered on the facile and value
based perception of efficiency. Yet efficiency must be
ensured. Real equality must be accorded.
332
As mentioned hereinbefore, the contention of the peti-
tioners is that 55% marks in aggregate in all papers includ-
ing viva voce test constitute rather a high standard for
qualification and eligibility. They contend that for most of
the scheduled caste and scheduled tribe aspirants for the
job it is difficult to achieve that standard. It is said
that in other parts of this vast land of ours the standard
is not as high as that. Sri Venkatramani, advocate for the
petitioners, contended that in other States on an all-India
basis such a high standard of marks is not envisaged. Sri
Mahabir Singh, learned advocate appearing for the State of
Haryana and Sri C.M. Nayar, learned advocate for the Public
Service Commission contend that it must be presumed that the
minimum percentage desirable for the purpose of efficiency
has been prescribed. It was further submitted by Sri Nayar
that in respect of candidates other than scheduled castes
and scheduled tribes, normally those obtaining far higher
than 55% marks become eligible for consideration. That may
or may not be so but what is required is that we must ensure
efficiency in administration. We must, therefore, objective-
ly, rationally and by a conscious process–conscious in the
sense by application of mind to the relevant factors arrive
at a percentage which should be considered to be a minimum
one in order to ensure the efficiency of the administration.
We are conscious that high efficiency is required because
the recruitment is in the judicial branch, that is to say,
for prospective judicial officers who will be in charge of
administration of justice in the country. But at the same
time, if possible, in order to ensure that there is equality
of opportunity, a percentage should be fixed which without,
in any way, compromising with the efficiency required for
the job which will be attainable by backward communities,
that is to say, scheduled castes and scheduled tribes.
Unless such a percentage is fixed on the aforesaid basis and
a percentage is fixed for qualification which would normally
be unattainable by the scheduled castes and scheduled tribes
determined on an objective basis, it would not be possible
to ensure equality of opportunity. Both S/Sri Mahabir Singh
and Nayar have urged that the minimum must be presumed to
have been so fixed in the Haryana Service. However, that
fact is not apparent and there is nothing on record to
indicate that this percentage was fixed deliberately on an
analysis and careful examination and determination on the
lines and the principles indicated above.
In that view of the matter, in our opinion, in the
interest of justice and our constitutional mandates and in
the light of the efficiency of the services and with a view
to create a sense of justice, it is necessary for the Gov-
ernment concerned to consider this question as
333
to what should be the minimum percentage of marks necessary
for the administration. We direct that the Government will
make a conscious decision objectively before the next selec-
tions for the post in Haryana Judicial Service take place,
and determine a minimum percentage of marks consistent with
efficiency and the need for ensuring equality of opportunity
to scheduled castes and scheduled tribes.
It was also contended by Sri Venkataramani that some of
the candidates belonging to the scheduled castes and sched-
uled tribes have become overaged, therefore, the Government
should also consider whether further relaxation in age in
favour of scheduled castes and scheduled tribes can be made;
and if so, to what extent without hampering efficiency of
the administration. This should also be considered before
the next selections for appointment to the post are made.
In the aforesaid light, special leave is granted in
civil appeal No. 15,000/88 and the judgment and order of the
High Court of Punjab & Haryana, dated 5th June, 1987 are
modified to the extent indicated above. The writ petition
and the appeals are disposed of accordingly without any
order as to costs.
P.S.S. Petition
disposed of.
334