Document Fragment View

Matching Fragments

Example: A candidate having 62% in 10+2 Examination and 72% in E.T.T. will have 62+72=134 scores. No other marks shall be given for any other qualifications or activities. In case of equal marks, older in age, shall be placed higher in merit. To be eligible, a candidate must have a minimum score of 100, as per the above criteria. In the same way, separate merit shall be prepared for B.A./B.Sc./B.Com. and B.Ed. Candidates by adding the percentage of marks obtained in B.A./B.Sc./B.Com. and B.Ed. A joint merit, applying the same criteria will be prepared for the purposes of seniority." (underlined for emphasis)

(iv) passed Middle and Matriculation from the schools situated in rural areas of Punjab, if applicable, .. 05 Shall be considered to have obtained total marks .. 148 (i.e. (i)+(ii)+(iii)+(iv))=(62+72+09+05=148) (4) In case of equal marks in the final merit list, the person older in age shall be placed higher in merit.

55. Mr. G.P. Singh, learned Additional Advocate General, Punjab, appearing for the State has argued that the objective of classification amongst rural and urban students and granting of five marks to the rural background (who have passed their 8th and 10th Classes from rural area) is based upon intelligible differentia with the object sought to be achieved and was intended to bring them at par with the urban candidates and in order to provide them equality of opportunity as provided under Articles 14 and 16 (1) of the Constitution. He further argued that the considerations of adequate representation as required under Article 16(4) are not necessarily the same as required under Article 16(1). He submits that the five marks would remove the handicap the rural students face in seeking employment under the State as levels of education in rural areas is of much lower standard than urban schools and would give them a head start. We are unable to persuade ourselves to accept the contentions for the reason that we have no material or data on the basis of which such a conclusion can be reached. A well intended act may not be lawful. To quote T.S. Eliot- 'Most of the evil in this world is done by people with good intentions'. We do not see how grant of five additional marks for those passing out from rural schools would bridge the gap between the rural and urban folk or bring them at par with each other in absence of any empirical and quantifiable scientific data to determine the question. Principles underlying admission to schools and colleges and the protection afforded by Article 15(4) in favour of the State are different when applied to appointments to public posts governed by Article 16 and the equality clause of Article 14. We tend to think that grant of five additional marks is anti-meritarian which has no nexus with the object sought to be achieved for finding the best teachers to teach in Panchayati Raj schools. Therefore, the impugned rule which grants these additional marks is unsustainable. There is a further argument canvassed by the learned counsel for the petitioners that in working out the percentage of marks, say five additional for studying in rural schools in 8th and 10th standard measuring them where total marks are different for different posts of say 100 and 214 marks etc. there is a stark and destructive variation resulting from 2% to 20%. This phenomena could not be satisfactorily explained by Mr G.P.Singh.