Shankar Bukya v. Secretary of Education, Government of Andhra Pradesh
2012-04-23
SAMUDRALA GOVINDARAJULU
body2012
DigiLaw.ai
Judgment :- The petitioner is a student of M.D. Microbiology. He claims to be a person belonging to Scheduled Tribe. He is one of the failed students. According to the petitioner, out of 17 students who appeared for examination, only 4 students could pass the same. According to him, he requires 8 grace marks for his pass in M.D. Microbiology. He seeks writ of Mandamus in this writ petition under Article 226 of the Constitution by directing the respondents to give him 8 grace marks by revaluing his answer sheets on the ground that he belongs to reserved category of scheduled tribes. The petitioner’s counsel placed reliance on Article 335 of the Indian Constitution in this regard. Article 335 reads as follows: “335. Claims of Scheduled Castes and Scheduled Tribes to services and posts:-The claims of the members of the Scheduled Castes and the Schedule Tribes shall be taken into consideration, consistently with the maintenance of efficiency of administration, in the making of appointments to services and posts in connection with the affairs of the Union or of a State: Provided that nothing in this article shall prevent in making of any provision in favour of the members of the Scheduled Castes and the Scheduled Tribes for relaxation in qualifying marks in any examination or lowering the standards of evaluation, for reservation in matters of promotion to any class or classes of services or posts in connection with the affairs of the Union or of a State.” This article deals with claims of scheduled castes and scheduled tribes to services and posts. It does not speak to claims of scheduled tribes for grace marks for passing examinations relating to professional courses or other courses. Not only for entry into State or Central Services and posts but also for entry for Study of courses in educational institutions, persons belonging to scheduled tribes are entitled for certain claims which require to be considered by the authorities. Proviso to Article 335 deals with relaxation in qualifying marks in any examination in matters of promotion to any class or classes of services or posts in Union or State Governments.
Proviso to Article 335 deals with relaxation in qualifying marks in any examination in matters of promotion to any class or classes of services or posts in Union or State Governments. Claims of Scheduled Tribes are certainly entitled for consideration by way of reservations or by lowering marks for qualifying examinations for “entry” into any educational institution for studying any courses or for examinations for “entry” into any services or posts in Union or State Governments or any qualifying examinations for promotions in such services. Though such special claims are entitled for consideration at the “entry point”, Article 335 does not provide for any claims of Scheduled Casts or Scheduled Tribes at the “exit point” i.e., for passing through the courses for obtaining degrees or diplomas, whether post graduate or under graduate. 2) Article 46 of the Constitution relied upon by the petitioner in his affidavit, reads as follows: “46. The State shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes, and shall protect them from social injustice and all forms of exploitation.” This article also does not empower a person belonging to scheduled tribe with any claim for grace marks in any course for getting a degree or diploma, particularly a post graduate degree in medicine. I do not find any valid or legal or constitutional reasons to give any indulgence to the petitioner than what was given by this Court in the previous order dated 26.04.2011 in Writ Petition No.14699 of 2010. 3) In the result, the writ petition is dismissed at the admission stage.