Judgment

SABYASACHI MUKHARJI, C. J.

( 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.

( 4 ) ). 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 Constitution 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