urged, the following two questions
arise for our consideration:
(i) Whether minimum qualifying marks could be prescribed for
assessment of past performance and interview, where ... percentage (78%) as the minimum qualifying marks (minimum
merit) for promotion?
Re: Question (i)
9. In State of Kerala v. N.M. Thomas3 , a seven
16156/2011) and are
qualified in the Common Entrance Examination securing the
minimum qualifying marks. Petitioner in W.P.(C).11141/2011
belongs ... Socially Educational Backward Community' (SEBC in short).
Even though the minimum qualifying mark in the Entrance
Examination in the general category
period of '2' years. In the
meanwhile, the minimum qualifying marks for promotion for the SC/ST
candidates came to be relaxed ... seen that the
petitioner admittedly secured more marks than the present minimum
qualifying marks, in the earlier rounds of selection as borne
Government are the following:
"(i) The condition of minimum qualifying marks in
the last examination may be dropped
(ii) No margin may be insisted
procedure/norms as prescribed under Ext.P3. It involves the minimum
qualifying marks and also the marks secured. The admission secured
under 'sponsored
were to be
evaluated. Maximum marks and qualifying marks as stated are
given below :
------------------------------------------
Factors/Heading Maximum Qualifying
Marks Marks
------------------------------------------
(1) Professional ability ... will come to 80 marks;
60% of which shown as the qualifying marks (48). 60 % of the
maximum marks for 'Professional ability
marks" in the
qualifying examination as the eligibility condition
for admission. Since there was no separate marks
after 2005 with the advent ... separate minimum of 50 % marks for Physics,
Chemistry and Biology in the competitive
examination, besides the requisite minimum in the
qualifying examination and they were
marks have
been awarded by the first respondent to some of the reservation
candidates, who did not secure the minimum 50% marks to
qualify themselves ... first respondent simply added 10 marks
to the marks secured by such candidates, who failed to secure
the minimum 50%, whereby they have been shown
candidates also got succeeded, obtaining the qualifying marks.
But some of the candidates, who did not have a minimum of
'four years' service ... there was no rhyme or reason for having prescribed the
minimum qualifying service of 'four years' in the Health
Services Department. Some
Prospectus, whereby a
minimum service of 'one year' is stipulated to qualify for
admission to the Medical PG Course in the 'Service ... clause in the prospectus, whereby 'Regular service' is
insisted to qualify the candidates under the Service Quota,
making it clear that 'Temporary
