Supreme Court Rules on Minimum Qualifying Marks in Bihar City Manager Selection
The Supreme Court of India has delivered a significant judgment in Bihar Staff Selection Commission & Anr. v. Himal Kumari & Anr., addressing the interpretation of minimum qualifying marks for the recruitment of City Managers under the Bihar City Manager Cadre (Appointment and Service Conditions) Rules, 2014. The ruling clarifies the process of selection and the role of experience in determining merit.
Background of the Case
The Bihar Staff Selection Commission issued an advertisement on November 15, 2016, inviting applications for 152 posts of City Managers in the State of Bihar. The recruitment was to be conducted based on a written examination, with an additional weightage for experience.
Respondent No. 1, Himal Kumari, participated in the examination but was declared unsuccessful. She challenged the rejection, arguing that she had achieved 32.14% marks in the written test, which met the minimum qualifying marks requirement of 32% for female candidates. The Commission, however, contended that qualifying marks should be considered based on a total of 100 marks (which included experience), rather than just the written test.
Key Legal Issues Before the Supreme Court
- Whether the minimum qualifying marks of 32% applied only to the written examination or to the total score (including experience points).
- Whether the Bihar Staff Selection Commission was justified in denying appointment to candidates who met the written test qualifying criteria but had no work experience.
- Whether an executive order issued in 2007 could override the recruitment rules framed in 2014.
Petitioner’s Arguments
The Bihar Staff Selection Commission argued:
- The selection process included both written test scores and experience marks, and a candidate had to score 32% of the total 100 marks to qualify.
- The Commission was following an executive order dated 16.07.2007, which prescribed minimum qualifying marks for various competitive examinations.
- Allowing candidates without experience to qualify would be unfair to those with prior work experience.
Respondent’s Arguments
Himal Kumari countered with the following arguments:
- The recruitment rules and advertisement specified that minimum qualifying marks applied to the written examination only.
- The Commission’s reliance on the 2007 executive order was misplaced, as the 2014 Rules superseded earlier orders.
- Her score of 22.5 out of 70 (32.14%) met the qualifying criteria, and she was wrongfully excluded from consideration.
Supreme Court’s Observations
The Supreme Court examined the recruitment rules and relevant legal principles, making the following key observations:
1. Interpretation of Minimum Qualifying Marks
The Court held that the minimum qualifying marks mentioned in the recruitment rules and advertisement referred exclusively to the written examination. It stated that requiring candidates to achieve 32% of the total 100 marks (including experience points) was contrary to the stated selection criteria.
2. Supremacy of Recruitment Rules Over Executive Orders
The Court ruled that the 2014 Rules, which were framed under Article 309 of the Constitution, had statutory force and could not be overridden by an earlier executive order. It reiterated the legal principle that executive orders cannot alter or contradict statutory rules.
3. Equal Opportunity for All Candidates
The Court clarified that while experience was a factor in determining merit, it could not be used to disqualify candidates who met the written test qualifying marks. Candidates with no prior experience would be placed lower in the merit list but should not be excluded from consideration.
Final Judgment
The Supreme Court ruled:
- The Bihar Staff Selection Commission erred in its interpretation of the qualifying marks.
- Himal Kumari and similarly placed candidates should be included in the merit list.
- The appeals were dismissed, and the Commission was directed to rectify its selection process accordingly.
Implications of the Judgment
This ruling reinforces the principle that recruitment agencies must adhere to the terms of their published advertisements and statutory rules. It also upholds the importance of providing fair opportunities to all eligible candidates while maintaining merit-based selection.
Petitioner Name: Bihar Staff Selection Commission & Anr..Respondent Name: Himal Kumari & Anr..Judgment By: Justice Vikram Nath, Justice Prasanna Bhalachandra Varale.Place Of Incident: Bihar.Judgment Date: 16-07-2024.
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