COMPTROLLER AND AUDITOR GENERAL OF INDIA, GIAN PRAKASH, NEW DELHI & ANR. versus K.S. JAGANNATHAN & ANR.

Citation: [1986] 2 S.C.R. 17 · Decided: 01-04-1986 · Supreme Court of India · Bench: R.S. PATHAK · Disposal: Dismissed

Cited by 8 judgment(s) · cites 4 · see the full citation network in Lexace

Judgment (excerpt)

<XMP'l'ROU.Ell AND AUDITOR. GENERAL OF INDIA, 
GIAN PlWCASB, NEW IJELIII & ANR. 
v. 
K.S. JAGANRATHAN & ARL 
APRIL 1 , 1986 
[R.S. PATHAK, A.P. SEN AND D.P. MADON, JJ.] 
17 
A 
B 
...,:. 
Constitution of India : 
-
" 
-~ 
~ 
Article 226 -
Powers 
of 
Court - Writ of MandaDUs -
Issuance of -
To direct Government/public authority to c 
exercise its discretion in a particular manner. 
Articles 16( 4), 46 and 
335 - Qualifying examinations 
for promotion -
Relaxation of standards in the case of 
Scheduled Caste/Tribe candidates - Validity/permissibility of 
~ Whether to be consistent with efficiency of service. 
D 
-~ 
The Comptroller and Auditor General's Manual of Standing 
Orders (Adudnistrative), Volume I, Chapter V, paras 195, 
197, 
198, 199 & 207 
- Subordinate Accounts Service Examinations 
(Ordinary) - Relaxation of standard for Scheduled Caste/Tribe 
candidates - Whether violates Ministry of Home Affairs Office 
Memorandum dated January 21, 1977 -Relaxation- Determination 
·~· of in advance -
Notification before the examination -
Necessity of. 
~ 
Statutory 
interpretation 
-
Welfare 
Legislation 
Necessity for being construed in the light of constitutional 
provisions guaranteeing protection. 
Practice and Procedure - Passing of orders and giving 
directions to compel performance in a proper and lawful manner 
of discretion conferred upon Government/public authority -
-4-<' Co~etency of High Court. 
Civil Services -
Members of Scheduled Castes/Tribes -
Relaxation of 
standards 
in qualifying 
examinations 
for 
prOtootion -
Determination in advance - Notification before 
examination - Necessity for. 
E 
F 
G 
H 
A 
B 
c 
D 
E 
F 
G 
H 
18 
SUPREME COURT REPORTS 
[1986] 2 S.C.R. 
~-
Office 
Memorandum 
No. 
36021/10/76-Estt. (SCT) 
dated· 
January 21, 1977 issued by the Department of Personnel and • 
Administrative Reforms to all Ministeries and Departments, 
required that if a sufficient number of Scheduled Caste and 
Scheduled 
Tribe 
candidates 
were 
not 
available 
in the 
qualifying examinations on the basis of the general standard, 
to fill all the vacancies reserved for them in the promotional 
posts suitable relaxation in the qualifying standard be made }. 
in their case, bearing in mind ( 1) the number of vacancies 
reserved, (2) the performance of the Scheduled Caste and 
Scheduled Tribe candidates as well as the general candidates 
~ 
in that examination, (3) the miniDI.liD standard of fitness for. -
appointment to the post, and also (4) the overall strength o[._ 
the cadre and that of the Scheduled Castes and Scheduled 
Tribes in that cadre, the extent of relaxation to be deter- A 
mined on each occasion having regard to the relevant factors. 
~ 
The respondents, who belong to the Scheduled Castes, 
were working as Selection Grade Auditors in the Department of 
Indian Audit and Accounts, appeared for Part II Subordinate 
Accounts Service (S.A.S.) Examdnation (Ordinary) in December, 
~' 
1980 for the next promtional post of Section Officer. The 
total aggregate of all the papers was 500 marks. Candidates ~­
were required to obtain the minimum of 40 per cent .marks in 
the individual subject and 45 per cent in the aggregate. 
The 
first respondent secured 213 marks (42.6%) and the second 204 
~ 
marks (40.8%), but failed to reach the aggregate requirement 
of 225 marks. The Department gave a general relaxation of 5 
'"f 
grace marks in the aggregate, inclusive of 5 marks in one or 
mre subjects, to all the candidates. As 
against that the 
llf 
Scheduled Caste and Scheduled Tribe candidates were given 8~ 
grace marks in the aggregate inclusive of 5 grace marks in onl~ 
or more subjects, which could be of 
no avail to the 
respondents. 
The respondents filed a petition under Art. 226 for a 
direction to the appellants to make suitable relaxation in the 
qualifying standard of marks for Part II of the S.A. S. 
t 
Examination held in December 1980 in terms of the aforesaid 'r 
Office Meoorandum and to declare them as having passed the 
said exam! nat ion. 
-
COMPTROLLER & AUDITOR GENERAL v. JAGANNATHAN 
19 
That writ petition was dismissed but the writ appeal was 
allowed by a Division Bench holding that the authorities 
concerned had not applied their mind to the actual state of 
affairs that existed, in fixing the relaxation which negatived 
the benefit that lawfully would have gone to the Scheduled 
Caste and Scheduled Tribe candidates, and directed the 
appellants to grant suitable relaxation to the

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