AI Overview...
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Relaxation of Departmental Test Passing Requirements - Various government orders and judicial rulings have addressed the issue of relaxing rules related to passing prescribed departmental tests for promotions, appointments, or exemptions. For instance, G.O.Ms.No.474 (1990) and subsequent orders have clarified that relaxation granted by government orders cannot override statutory requirements, but exemptions may be granted under certain conditions The State of Tamil Nadu rep. by the Secretary to Government & Another VS Thiru D. V. Krishnamoorthy, Assistant Director of Co-operative Audit (Retired) & Others - Madras.
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Authority to Grant Relaxations and Exemptions - Authorities such as State Governments and administrative departments possess the power to grant relaxations or exemptions from passing departmental tests, especially in exceptional circumstances like the COVID-19 pandemic. Kerala's rules (Rule 28b(bb) and Rule 39) exemplify this, where exemptions were granted for promotions despite non-passage of departmental tests SAJEEV N vs STATE OF KERALA - Kerala.
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Judicial Decisions on Relaxation Validity - Courts have upheld relaxations and exemptions, emphasizing that such relaxations are valid when exercised within the prescribed rules and policies. For example, the Kerala High Court validated relaxations granted to police officers and other personnel, affirming that the authority to relax rules is within the discretion of the competent authority SAJEEV N vs STATE OF KERALA - Kerala, The State of Tamil Nadu & Others VS K. Ramaraj & Others - Madras.
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Policy of Relaxation and Passing Marks - Policies like the 10% relaxation in passing marks for reserved categories (SC/ST) and departmental promotees have been upheld as valid. Courts have also recognized that minimum passing marks can be relaxed based on departmental policies, especially for SC/ST candidates, with the relaxation not violating equality principles Haridas Parsedia VS Urmila Shakya - Madhya Pradesh, Haridas Parsedia VS Urmila Shakya - Supreme Court.
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Specific Cases of Non-Passing and Extensions - Several cases highlight that passing the required departmental tests within stipulated periods is not mandatory if extensions are granted for compassionate reasons or due to other exceptional circumstances. The timeline for passing tests is considered directory rather than mandatory, allowing extensions SUNITHA MARY F vs THE STATE OF TAMIL NADU - Madras.
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Overall Conclusion - Relaxation of rules for not passing prescribed departmental tests is generally permissible when authorized by government orders or departmental policies. Such relaxations are upheld by courts provided they are exercised within the scope of authority, are consistent with policies, and do not violate statutory provisions. The trend indicates flexibility in administrative rules to accommodate exceptional circumstances, especially during emergencies like the COVID-19 pandemic.
References: - The State of Tamil Nadu rep. by the Secretary to Government & Another VS Thiru D. V. Krishnamoorthy, Assistant Director of Co-operative Audit (Retired) & Others - Madras - SAJEEV N vs STATE OF KERALA - Kerala - Mir Mohammad Khasim VS Union Of Indias - Supreme Court - Haridas Parsedia VS Urmila Shakya - Madhya Pradesh - D. Arul VS Government of Tamil Nadu, Rep. by the Secretary to Government, Revenue Department, Secretariat, Chennai - Madras - State Of W. B. VS Bandan Bayen - Supreme Court - SUNITHA MARY F vs THE STATE OF TAMIL NADU - Madras - Haridas Parsedia VS Urmila Shakya - Supreme Court - The State of Tamil Nadu & Others VS K. Ramaraj & Others - Madras - Vidya Bhushan S/o. Shri Jhadu Ram VS State Of Chhattisgarh Through Secretary, Department Of General Administration - Chhattisgarh
Search Results for "Relaxation of Rule for Not Passing the Presribed Department Tests"
2008 0 Supreme(Mad) 2845 • India - Madras
K.KANNAN, P.K.MISRA
Relaxation - Co-operative Audit Department - Rule 48 of the Tamil Nadu State and Subordinate Service Rules - G.O.Ms.No.474, Finance ... (T.Hg & CA) Department, dated 09.05.1990, G.O.Ms.No.160 Finance (CA) Department, dated 3. 91, G.O.Ms.No.1125 Finance (TH & CA) Department ... Ratio Decidendi: The court held that the relaxation given in the government order could not override the requirements of the ... orders exempting personnel transferred from Co....
2024 Supreme(Online)(KER) 55006 • India - IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, P. Krishna Kumar, JJ
granted to employees for promotions despite not passing departmental tests due to the COVID-19 pandemic - Validity of government ... (Paras 1-23) ... ... (B) Relaxation of rules - Authority to grant exemptions must be exercised ... (A) Kerala State and Subordinate Services Rules - Rule 28b(bb) and Rule 39 - Promotion of State Government employees - Exemption ... State of Kerala 2004(2)KLT 731, where also certain Circle Inspectors of Police were exempted from passing....
2004 5 Supreme 690 • India - Supreme Court
BRIJESH KUMAR, ARUN KUMAR
But it is not possible to confine the order of relaxation to the period of clearing the tests and not in respect of requirement of ... The other requirement is of clearing the tests as prescribed under rule 7(a). ... (e)-Deemed confirmation on successful completion of period of probation in the service-Appellant was appointed as ASI in police department ... The postponement of declaration of probation on account of non-passing of #H....
1999 0 Supreme(MP) 875 • India - Madhya Pradesh
S.B.MAJMUDAR, A.P.MISRA, UMESH C.BANERJEE
policy of 10% passing marks -- is valid. ... (1) Transport Department Subordinate (Class III-Executive) Service Recruitment Rules, 1971 (M.P.) -- Rr. 11 (A), 6 and Sch. ... policy of passing marks for Scheduled Caste and Scheduled Tribes candidates -- is valid being in actordance with this provision. ... relaxation of minimum passing marks for departmental promotees could not be applied to the facts of the present case. ... were issued for relaxation of pass....
2022 0 Supreme(Mad) 628 • India - Madras
S.M.SUBRAMANIAM
passing the requisite departmental tests within the prescribed period of probation. ... Finding of the Court: The court found that the petitioner had not passed the required tests within the stipulated five-year ... Compassionate Appointment - Discharge from Service - Tamil Nadu State and Subordinate Service Rules - Rule 26(b)(ii), Rule 8 of ... Further, the presumptive contention is that if the appointing authority had given any notice and made the petitioner to be....
1996 1 Supreme 127 • India - Supreme Court
B.L.HANSARIA, K.RAMASWAMY
- Rules for the regulation of such recruitment-Secretariat Rules not requiring accounts test or passing in typing test-Board s Rules ... requiring them-Respondents did not pass those tests-Filed Writ Petition-Dismissed by Single Judge- D.B. in appeal reversed-Whether ... West Bengal Services (Secretariat Common Cadre) Rules, 1984-Rule 4-W.B. ... The facts are not in dispute. The appellant called for the names from the Employment Exchange in the notification for recruitment. Calling the....
2024 Supreme(Online)(MAD) 15124 • India - High Court of Madras
Honourable Mr Justice G.K. ILANTHIRAIYAN
Fact of the Case: The petitioner, a nurse, received a show cause notice for termination due to not passing a language ... interpretation of Section 31(4) of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 established that the timeline for passing ... the required tests is directory, allowing for extensions under compassionate circumstances. ... The learned counsel appearing for the petitioner would submit that passing the second language test is not mandatory, bu....
1999 9 Supreme 401 • India - Supreme Court
UMESH C.BANERJEE, A.P.MISRA, S.B.MAJMUDAR
For them the passing marks remain the same i.e. 40 as compared to general category candidates for whom 50 passing marks are prescribed ... marks for SC/ST candidates by 10 from the general passing marks i.e. up to 40 passing marks, could not arise for the appellants ... Service Law - Reservation for SC/ST-Relaxation of general passing marks in competitive examination-Rules Limited direct recruitment ... relaxation of minimum #HL....
2008 0 Supreme(Mad) 671 • India - Madras
M.VENUGOPAL, SUDHANSU JYOTI MUKHOPADHAYA
309, G.O.Ms.No.253, G.O.Ms.No.221, G.O.Ms.No.1125, G.O.Ms.No.626 - The court discussed the exemption granted by the State from passing ... Finding of the Court: The court upheld the plea of the Writ Petitioners, ruling that the exemption from passing the ... Writ Petitioners sought inclusion in the panel for promotion to the post of Co-operative Audit Officer, claiming exemption from passing ... The Government therefore direct that the principle laid down in the above judgments be followed and it should be considered that once the #HL_S....
2022 0 Supreme(Chh) 375 • India - Chhattisgarh
ARUP KUMAR GOSWAMI, DEEPAK KUMAR TIWARI
Relaxation - Chhattisgarh Secretariat Service Recruitment Rules - Rule 13 - 2012 - Summary of Acts and Sections: Chhattisgarh ... advertisement for the posts of AG-III, and the petitioners were appointed on an adhoc basis with a probation period conditional on passing ... relaxation is within the exclusive domain of the State Government. ... The General Administration Department of the State of Chhattisgarh vide order dated 30.6.1981 prescribed the qualifications for the post of Typist....
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