State Not Bound to Relax Promotion Qualifying Marks for SC/ST Under Article 335 Proviso: Rajasthan High Court

The petitioner, a Scheduled Caste constable with the Mewar Bhil Core, sought promotion to Head Constable in 2016 under the Rajasthan Police Subordinate Service Rules, 1989 (para 2). He passed Part I but scored 23 of 75 marks in Part II (interview and service record) against the 33.75 marks (45%) required by Rule 27(2), and was declared unsuccessful (para 2). Of two vacancies, one went to another SC candidate and one stayed vacant (para 3). Relying on the proviso to Article 335, a Central office memorandum of 21.01.1997 and Ram Bhagat Singh, he sought a direction to relax qualifying marks for SC/ST candidates in promotion (paras 1, 3-4). The State called the proviso directory and Central policy non-binding (para 5).

Indra Sawhney held that lower qualifying marks or a lesser standard of evaluation for reserved categories in promotion would compromise administrative efficiency, as S. Vinod Kumar reiterated (para 8). The proviso to Article 335, in force from 08.09.2000, made such relaxation permissible for SC/ST candidates; the ratio still governs Other Backward Classes (para 9). It gave seven reasons for not interfering (para 12). Rule 27(2) was not challenged, and the relief was indirectly a challenge to it, which only a Division Bench could hear. Articles 16(4) and 16(4A) confer no fundamental right and impose no constitutional duty; the State judges whether a class is adequately represented. The proviso to Article 335 is not mandatory, and Union rules do not ipso facto bind the States. The Central memorandum of 03.10.2000 left earlier selections undisturbed, so a later State relaxation would not reopen his final non-selection. Part II assessed his past service record, and failing it gave no claim to relaxation (para 12). Ram Bhagat Singh concerned first appointment, a different footing (para 13). Under M. Nagaraj and Jarnail Singh, the State is not bound to provide reservation in promotion, and courts do not direct the executive within its sphere (paras 14-15).