LexSTATE OF M.P. AND ORS. versus MAHESH KUMAR AND ORS ETC. ETC.
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A STATE OF M.P. AND ORS. v. MARESH KUMAR AND ORS ETC. ETC. APRIL 29, 1997 B [K. RAMASWAMY, S. SAGHIR AHMAD AND G.B. PATTANAIK, JJ.) - Service Law : c M.P. Police Regulations : _._ Regulation. 7<>-Promotion of Head Constables to the posts of Assis- tant Sub-lnspectors--Examinatiom-Adequate number of candidates could not qualify-Grace marks 15% to general category candidates and 10% to reserved category candidate$ allowed--Candidates so selected sent for train- D inir-l..ater, realising the mistakes, relaxation withdrawn-Held, candidates who failed had no vested right for grant of grace marks-l'ower to relax would include power to withdraw on valid grounds-If candidates were not heard before withdrawal of relaxation, principle of natural justice not violated--Can- di dates who have already undergone training would not be sent for fresh E training in the event of their passing the written examinations-Natura/ justice. Legal Maxim-Audi alterem parte11t'-'-Discussed. CIVIL APPELLATE JURISDICTION: Civil Appeal No. 3573 of 1997 Etc. Etc. F From the Judgment and Order dated 28.2.96 of the Madhya Pradesh Administrative Tribunal, Jabalpur in O.A. No. 110 of 1995. Anoop G. Choudhary, Yogamaya Agnihotri, S.K. Agnihotri, Madhur Dadlani, Rajendra Singhvi, Shiv Sagar Tiwari, Prakash Srivastava, S.V. G Deshpande and Ashok Kumar Singh for the appearing parties. The following Order of the Court was delivered : - Delay condoned. H Leave granted. We have heard learned counsel on both sides. 1098 ..J. STATE v. MAHESH KUMAR 1099 These appeals, by special leave, arise from the orders of the Madhya A Pradesh Administrative Tribunal, Jabalpur Bench, made on February 28, 1996 in O.A. No. 110/95 and batch. The admitted facts are that the respondents are Head Constables. For promotion as Assistant-Sub-Inspectors, examinations were conducted on 29th and 30th December, 1993 throughout the State comprising of B different zones. 50% of the total marks were prescribed as passing marks for general candidates and 40% for the reserved candidates belonging to Scheduled Castes and Schedule Tribes (for short, 'Dalits and Tribes' respectively). Only one Dalit candidate and three general candidates passed with the prescribed standard and the rest of the Head Constables C in Jabalpur Zone failed. Consequently, the Inspector General of Police . Jabalpur Zone had suggested to the Director General of Police (D.G.P.) to award 15% grace marks to the general candidates and 10% grace marks to the reserved category. The D.G.P. agreed for the same. As a conse- quence, 60 candidates belonging to the general category and 15 candidates belonging to the reserved category were declared passed. They were cm- D panelled for appointment to the posts of Assistant Sub-Inspectors and were sent for training. Realising the mistake committed by the D.G.P., that relaxation could not be granted only in respect of one zone, the relaxation was withdrawn by proceedings dated December 2, 1994. The said order came to be challenged by the respondents. in the the Tribunal. The Tribunal E has held that since the empannelled candidates were not heard before withdrawing of the grant of further additional grace marks, it is violative of principles of natural justice; therefore, the order is bad in law and accordingly it allowed the O.As. Thus, these appeals by special leave. The only question that arises for consideration is : whether the view F taken by the Tribunal is correct in law? It is not in dispute that under Section 70 of the M.P. Police Regulations, power has been given to issue orders to be notified in the Gazette. It reads as under : "70. The system of promotions in the subordinate executive ranks G will be as laid down in the supplement to the Madhya Pradesh Police Gazette dated 5.10.1960." Accordingly notification came to be made in the Gazette on October 5, 1960. Clause l(viii) indicates that "papers for the qualifying examination (as laid down in Central Provinces and Berar Police Regulation, 115) will H 1100 SUPREME COURT REPORTS [1997] 3 S.C.R. A be set by such of the Superintendents of the Constables Training Schools as may be nominated by the Inspector-General of Police." B c D The papers were directed to be set down in the order prescribed there- under, Clause (2) to (7) postulate thus : "(2) Promotion to Head constables to Assistant-Sub- Inspectors (1) Eighty per cent (80%) of the posts of
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