NEW DELHI, NOV 21: The Supreme Court has held that government could lower qualifying marks for scheduled caste and scheduled tribe candidates in examinations held for higher posts exclusively reserved for them in a department.By this ruling, a three-judge bench headed by Justice S B Majumdar upheld the Madhya Pradesh government decision to bring down general passing marks from 50 per cent to 40 per cent for SC/ST candidates in an examination for promotions to a post reserved for them.The bench said it is "patently erroneous" to hold that government's decision to relax passing marks for SC/ST departmental candidates at the departmental examination could be applicable only in examination where the general category candidates of the department compete with SC/ST candidates.The MP administrative tribunal had held that as the posts were exclusively for reserved category candidates the government was not permitted to lower the general passing marks. A writ petition against the order of the tribunal wasdismissed by the high court.Setting aside the order of the tribunal and that of the high court on Friday last, the Supreme Court directed the state government to give effect to the promotions of the reserved category students who passed the transport department examination in 1993.The court also directed the government to give these successful reserved category candidates all consequential benefits including difference of salary from the date of promotion before the same being quashed by the tribunal.
