Judgment

MADON, J.:- This Appeal filed by Special Leave granted by this Court under Article 136 of the Constitution is directed against the judgment of a Division Bench of the Madras High Court in Writ Appeal No. 409 of 1982 and raises a question of importance to the members of the Scheduled Castes and the Scheduled Tribes working in the Department of Indian Audit and Accounts who seek promotion to the Subordinate Accounts Service.

2. The Respondents belong to the Scheduled Castes and are working as Selection Grade Auditors in the Department of Indian Audit and Accounts at Madras. The next promotional post for them is that of Section Officer in the same Department and in order to obtain such promotion, Selection Grade Auditors are required to pass the Subordinate Accounts Service Examination (hereinafter referred to as "the SAS Examination"). The SAS Examination consists of two parts, namely, Part I and Part II. Both the respondents have passed the Part II Examination held in December 1979. They appeared for the Part II Examination in December 1980. Both of them secured the minimum number of marks in each individual subject which was 40 per cent and in some papers more than the minimum number of marks but failed to secure the aggregate minimum which was 45 per cent. The First Respondent secured 42.4 per cent and the Second Respondent 40.8 per cent.

3. The Respondents thereupon filed a petition under Article 226 of the Constitution, being Writ Petition No. 10706 of 1981, in the Madras High Court praying for a writ of mandamus directing the Comptroller and Auditor-General of India and the Accountant General-I, Madras - the Appellants before us - to make in accordance with the instructions contained in the Office Memorandum No. 36021/10/76-Estt. (SCT) dated January 21, 1977, issued by the Department of Personnel & Administrative Reforms to all Ministries etc. suitable relaxation for the Respondents in the qualifying standard of marks for Part II of the SAS Examination held in December 1980 and to declare them as having passed the said examination. The said writ petition was dismissed with no order as to costs by a learned Single Judge of the High Court. The respondents thereupon filed the aforesaid Writ Appeal No. 409 of 1982 which was allowed by a Division Bench of the High Court directing the Appellants to give suitable relaxation to the Respondents within two months from the date of its judgment and to consider whether the Respondents had qualified themselves in Part II of the SAS Examination held in December 1980 and further directing the Appellants, while granting such relaxation, to bear in mind the observations made by it in its judgment as also the criteria envisaged in the said Office Memorandum dated January 21, 1977. The Division Bench made no order with respect to the costs of the Appeal.

4. The Respondents were represented by advocates at the hearing of the writ petition but they appeared before the Division Bench in person. They were also not represented at the hearing of this Appeal but with a view to ensure that no injustice may result to the Respondents by reason of their not having legal assistance, we requested Mr. V. A. Bobde, Advocate, to appear as amicus curiae, and the Court is greatly beholden to Mr. Bobde for the assistance which he has rendered to the Court and the labour and industry which he has put in order to enable him to do so.

5. Before examining the judgment under appeal and the correctness of the submissions advanced at the Bar, it is necessary to refer to certain provisions of the Constitution, the relevant Office Memoranda and the Standing Orders bearing upon the subject.

6. The Constitution of India has made certain provisions with a view to undo the wrong and to right the injustice done to the members of the Scheduled Castes and the Scheduled Tribes for centuries. Article 335 of the Constitution provides that the claims of the members of the Scheduled Castes and the Scheduled Tribes should be take