AI Overview...
Relaxation in Minimum Qualifying Marks for PwBD
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Legal Basis for Relaxation - Courts have consistently upheld that relaxation in minimum qualifying marks is permissible for Persons with Disabilities (PwD/PwBD), especially when supported by legal provisions such as the Disabilities Act, 2016, and relevant examination rules. This relaxation aims to ensure fair representation and equal opportunity Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay, Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay, INDUnion of India, 1992.
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Judicial Recognition of Relaxation - Judicial rulings have explicitly recognized the need for relaxation of minimum qualifying marks for PwBD candidates. For instance, courts have mandated separate cut-off marks for visually impaired candidates and acknowledged that relaxation is lawful to promote inclusivity In Re: Recruitment Of Visually Impaired In Judicial Services VS State Of Madhya Pradesh - Supreme Court, INDUnion of India.
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Comparison with Other Categories - Courts have noted disparities in attempts and reservation benefits between SC/ST, OBC, and PwBD candidates. While SC/ST candidates have unlimited attempts, PwBD candidates are often limited, but courts emphasize that PwBD form a distinct class deserving tailored relaxation measures Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay, Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay, Dharmendra Kumar vs Union of India, Ministry of Personnel Public Grievances and Pension, Department of Personnel - Bombay.
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Specific Relaxation Measures - In some cases, a 5% relaxation in qualifying marks has been granted to PwD candidates, and age relaxations are also provided to facilitate their participation. These relaxations are often explicitly permitted through official memoranda and are upheld by courts INDUnion of India, Kamlendra Kumar Verma VS Indian Oil Corporation Limited - Delhi.
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Reservation and Horizontal Reservation Considerations - PwD reservation is treated as a horizontal reservation, requiring candidates to meet minimum qualifying marks to be eligible for consideration. Courts have emphasized that candidates must secure these minimum marks, even when relaxation is granted Rahul Kumar Upadhyay VS National Board Of Examination - Delhi.
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Limitations and Conditions - While relaxation is permitted, it does not guarantee appointment if other eligibility criteria are not met. For example, candidates cannot claim open category benefits solely based on marks if they have availed age relaxations or belong to reserved categories Kamlendra Kumar Verma VS Indian Oil Corporation Limited - Delhi, Kamlendra Kumar Verma vs Indian Oil Corporation Limited - Delhi.
Analysis and Conclusion
- The judicial and statutory framework clearly supports relaxation in minimum qualifying marks for PwBD candidates, recognizing their need for equitable treatment. Courts have upheld that such relaxations are lawful and necessary to promote inclusivity in recruitment processes. However, candidates must still meet the minimum standards to qualify, and relaxation does not override other eligibility conditions. Overall, the legal stance favors providing reasonable relaxations to ensure fair opportunities for PwBD candidates without compromising the integrity of selection standards.
References: - Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay, Dharmendra Kumar vs Union of India, Ministry of Personnel, Public Grievances and Pension, Department of Personnel - Bombay, Dharmendra Kumar vs Union of India, Ministry of Personnel Public Grievances and Pension, Department of Personnel - Bombay, In Re: Recruitment Of Visually Impaired In Judicial Services VS State Of Madhya Pradesh - Supreme Court, INDUnion of India, Kamlendra Kumar Verma VS Indian Oil Corporation Limited - Delhi, Rahul Kumar Upadhyay VS National Board Of Examination - Delhi, Lovkush Ravi vs Northern Railway - Central Administrative Tribunal, Kamlendra Kumar Verma vs Indian Oil Corporation Limited - Delhi
Search Results for "Relaxation in Minimum Qualifying Marks for Pwbd"
2025 0 Supreme(Bom) 319 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, ASHWIN D. BHOBE, JJ.
with Disabilities Act, 2016 - Section 34 - Civil Services Examination Rules, 2024 - Challenge to Rule 3 restricting attempts for PwBD ... that discrimination exists as SC/ST candidates have unlimited attempts while OBC candidates are limited to 9 - Court found that PwBD ... Vertical Reservation - Court emphasized that PwBD candidates belong to a distinct class and the classification between SC/ST and ... The details reads thus:- “Civil Services Examination, 2023- minimum qualifying marks#HL_EN....
2025 Supreme(Bom) 842 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, ASHWIN D. BHOBE
The petitioner argues for equal treatment based on the classification of PwBD as a distinct group. ... Disabilities Act, 2016 - Section 34 - Civil Services Examination Rules, 2024 - Challenge to Rule 3 imposing a limit of 9 attempts for PwBD ... (Paras 1, 8, 30) ... ... (B) Equal Treatment - The court emphasizes that PwBD ... The details reads thus:- “Civil Services Examination, 2023- minimum qualifying marks In the Civil Services Examination, 2023 the minimum #HL_S....
2025 Supreme(Bom) 546 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BHARATI DANGRE, ASHWIN D. BHOBE, JJ.
Petitioner contended that discrimination exists between SC/ST and OBC candidates regarding number of attempts - Court found that PwBD ... Disabilities Act, 2016 - Section 34 - Civil Services Examination Rules, 2024 - Challenge to Rule 3 imposing restrictions on attempts for PwBD ... (Paras 20, 25) ... ... Facts of the case: ... The petitioner, a PwBD candidate belonging to OBC ... The details reads thus:- “Civil Services Examination, 2023- minimum qualifying marks In the Civil Servic....
2025 0 Supreme(SC) 432 • India - Supreme Court
J. B. PARDIWALA, R. MAHADEVAN
judicial service positions, striking down provisions that imposed additional requirements such as three years of practice or a minimum ... marks be maintained for visually impaired candidates to ensure fair representation in the recruitment process. ... (Paras 43, 44) ... ... (D) Separate Cut-off Marks - The court mandated that separate cut-off ... Union of India, 1992 Supp (3) SCC 217, relaxation of minimum marks is permissible in law. Further, the aforesaid Office Memorandum clearl....
• India - Delhi High Court
V.KAMESWAR RAO
- Declined the claim for unreserved category position despite higher marks due to age relaxation availed by petitioner. ... Decidendi: The court emphasized that reserved category candidates cannot claim open category positions if they avail age or other relaxations ... Recruitment process for Human Resource Officer - Petitioner, belonging to Scheduled Caste, contested non-selection despite securing high marks ... Minimum qualifying marksGeneral & OBC candidatesSC, S....
2025 Supreme(Online)(Del) 7291 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, MADHU JAIN, JJ
Union of India, relaxation of minimum marks is permissible in law. Further, the aforesaid Office Memorandum clearly permits the authority to relax the minimum marks. ... He highlights that the 5% relaxation in the qualifying criteria, was for Persons with Disabilities (PwDs) and not for PwBDs. ... Therefore, we are of the opinion that relaxation in minimum cutoff marks is permissible, especially when there is a spe....
2021 0 Supreme(Del) 758 • India - Delhi
V.KAMESWAR RAO
It is a conceded case of the petitioner that he was given a relaxation of five years in age for applying for post. ... Such an SC category candidate seeking benefit of relaxation cannot claim a right to be appointed under the General category even ... if he secures more marks - If there is no change in the marks secured by petitioner then matter shall be treated as closed. ... The candidates should secure minimum qualifying marks as mentioned below in each stage i.e. ....
2021 0 Supreme(Del) 1522 • India - Delhi
V. KAMESWAR RAO
The court also noted that the reservation for PwD is a horizontal reservation, and candidates must secure minimum qualifying marks ... a person with disabilities (PwD), challenged the advertisement issued on June 01, 2021, seeking a direction to declare cut-off marks ... In the light of the aforesaid authoritative judicial pronouncements, we have no hesitation in accepting the submission made by Mr.Chadha, Senior Advocate appearing for the petitioner that in the present case, relaxation in the #HL_START....
2022 0 Supreme(P&H) 1195 • India - Punjab and Haryana
HARINDER SINGH SIDHU
It also highlighted the necessity of minimum standards for the job requirements. ... It highlights the consideration of contract labour under the Contract Labour (Regulation and Abolition) Act, 1970 and the relaxation ... Finding of the Court: The court found that no case of contempt was made out against the respondents as suitable relaxation ... Clearly, in the case of erstwhile contractual security guards suitable relaxation in age, educational qualifications, the standard of questions, the minimum ....
2025 Supreme(Online)(CAT) 5126 • India - Central Administrative Tribunal
Mr. Manish Garg, J, Dr. Sumeet Jerath, A
The said rule will be applicable to the PwD candidates insofar as it prescribes the educational and other qualifications as eligibility criteria including the minimum aggregate score of 70% (with relaxation as may be determined like in the case of SC/ST candidates), but without the requirement of either ... Furthermore, learned counsel for the applicant also submitted that the applicant was also denied the opportunity to undergo the qualifying typing test, despite being eligible for exemption under the RPWD Act, 2016. ... Specifically, th....
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