• For extra marks in Haryana Police exam

Sir , haryana staff selection commission organised an exam for haryana police.
The total marks are 100.
Out of which written exam is of 80 marks and the rest 20 marks are for socio-economic and additional educational qualification criteria.

And the distribution of extra 20 marks is as follows.
5 marks for those candidates, whose any family member is not in government job.
5 marks for those candidates who are orphan.
And the rest marks for graduation(4), post graduation(3) and NCC(3) marks.

So this is the criteria for 20 marks.

Sir, someone has filed a case in Haryana High Court,
Saying that these marks are not according to Indian constitution as the constitution provides us equality in jobs.
But the court gave the High court gave the judgement in favour of government.

Sir i have scored 70 marks in written, but i am not eligible for these extra marks.
I thinks that this rule should be abolished.

So, should we file a case in Supreme court.
Or government is free to make any such kind of law, which is not according to our fundamental rights i.e. equality in jobs.
Asked 5 years ago in Constitutional Law

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10 Answers

Hello,

if the same has been rejected by the HC then you may go to the SC to challenge the said rule. Share the order of the HC so that more concrete advise can be rendered.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

If the hc has dismissed the writ petition filed by the candidate then an appeal is maintainable in the hc itself. If the appeal is dismissed again then an appeal is maintainable in the supreme court.this case haz merits as the government cannot discriminate based upon such arbitrary criteria.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

it is necessary to peruse judgment passed by HC to advice 

 

2) appeal can be filed against said judgment before SC 

 

3) govt is free to lay down eligibility criteria for selection of candidates for govt jobs 

 

4) however eligibility criteria should be fair to all candidates 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

A writ petition can be filed in the High Court (Article 226) or the Supreme Court (Article 32) of India when any of your fundamental rights are violated.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

You can file appeal in division bench if order passed by single judge.

What was the order of HC ?

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Respected sir   .... 

Any of the government within the jurisdiction of india is not above the law as per provided by article 14 of Indian Constitution .. .you must have to challenge that in the supreme court of India that is the custodian of Indian Constitution . .your plea might definitely be considered . . .

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

There is nothing wrong in either preferring an appeal against the high court judgment or filing a PIL directly before supreme court.

However you should be aware that the courts generally do not interfere in the policy making decision of the government provided they are within the framework of law.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

See the scheme as whole has to be read and further in my view this cannot be criteria to award marks so it can be challange as this is against the scheme of the reservation embodied in constitution of India.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Dear Sir,

The equality of jobs subject to reservations as provided under the same constitution under different articles.  Equality is subject to other riders such as reservation for SC/ST, Handicapped, etc,.  in the similar manner the government as a policy matter formulated and given grace marks to the concerned category of candidates.  Such policy matters of government cannot be set aside by the Courts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Government can put reasonable classification and such marks can be only allotted only on basis of the same. There should be equality before law.

The legislature can treat two sets of persons differently if their classification is made on a reasonable basis. A reasonable classification must be founded on intelligible differentia.Which means that persons or things that are grouped together make a well-defined, distinct class and can be distinguished from those that are left out of the group. Further, this basis of classification should have a rational nexus to the object sought to be achieved by the legislation in question.

For example, the maternity benefit law applies to working women on the way to maternity, not others. Because the object of the maternity benefit law is to give certain privileges only to women who become mothers at the time of their need. Hence, the classification of women and men is based on an intelligible differentia.

Another illustration is of tax laws. Classifications may be made for the purpose of taxing or not taxing certain classes of property. Charities, libraries are exempted from certain tax whereas other properties are not.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

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