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1999 Supreme(SC) 1361

UMESH C.BANERJEE, A.P.MISRA, S.B.MAJMUDAR
Haridas Parsedia – Appellant
Versus
Urmila Shakya – Respondent


JUDGMENT

S.B. Majmudar, J.-Leave granted in all these Special Leave Petitions. By consent of parties, the appeals were heard finally and are being disposed of by this common judgment.

2. A short but important question involved in these appeals is as to whether reduction to the extent of 10 of passing marks for Scheduled Castes and Scheduled Tribes (hereinafter refer to as SC/STs) departmental candidates vis-vis 50 passing marks for general category candidates is permissible when recruitment for appointment to the higher posts in the department is confined only to SC/ST candidates who compete for posts reserved for them in the hierarchy of departmental cadres. The Madhya Pradesh Administrative Tribunal, Gwalior as well as the Madhya Pradesh High Court, Gwalior Bench have taken the view that such relaxation is not legally permissible when recruitment is confined only to SC/ST candidates competing for recruitment to the reserved category of posts in the higher echelons of service. The appellants before us have brought in challenge the aforesaid conclusions and the ultimate decisions rendered by the High Court in the impugned judgment.

Background facts :

2. Relevant facts leading to th

































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