Before that we need to know under which rules or provisions such marks are given to him. If its arbitrary can be challenged before High court in writ petition.
Awarding weightage of marks to govt contract employees
Can a govt give weightage of 30marks arbitrarily to govt contract employees ?dont u think these days half mark decides whether u get job or not ?but how can govt arbitrarily provide 30 marks ? what does previous judgements of supreme court say regarding this by this way providing 30 marks the contract employees who doesn't even qualify in exam just with mere experience they r securing 30 marks and moving ahead of fresh meritorious.isn't it injustice this is happening in telangana tspsc notification 57/2017 staff nurse recruitment
Asked 7 years ago in Labour
7 Answers
When you know regarding the citations of Hon'ble Supreme Court then raise protest on the point.
1) The weightage against the experience is prescribed to ensure merit in service and that has already been settled by several judicial pronouncements as a valid criteria. The experience decorates personality with maturity and that extends desired efficiency to public service; and The quantum of weightage given in the form of bonus marks is absolutely within the domain of the State Government and as such it is not open for examination by the Court.
2) Rajasthan HC has held in state &ors v/s Archana on 25 September, 2013
held The grant of bonus marks to the extent of 30 marks is unjust, arbitrary and unfair, hence, is declared illegal and is quashed. The State Government may grant the weightage in the form of bonus marks against service experience within the cap of 15 marks.
3) file writ in HC against weightage given of 30 marks
Dear Client,
There must be some eligibility qualification that bonus marks shall grant on achieving this % of marks. for eg. Candidate with experience achieved 70% mark than bonus marks will add. If no such threshold and on mere experience bonus marks granted than provision of bonus is arbitrary and liable to be quashed.
Failed candidate cannot be given recruitment by adding bonus marks and weightage (bonus marks) in no way could have absolute supremacy in determining merit. And as per Supreme court maximum bonus marks should be within the cap from 12.5% to 15%.
Sir you can challange the notification before high court by way of writ .
Though court can award marks based on experience as in different examination it is done.
File a Writ Petition in High court.
Citation.. .
Raju Mudigiri And Others vs The State Of Telangana, ... on 5 January, 2017
What is your issue by writing this, do you say that the government is doing a wrong thing by allowing this privilege?
How do you know that the contractual employees are in capable and they dont deserve the 30% weight-age?
If you are aggrieved then you may take the assistance of a local lawyer and file a PIL in this regard before high court seeking to repeal the law authorising 30 marks to the undeserving candidates.
