Graduation percentage requirement in competitive exams
Sagar
(Querist) 04 January 2012
This query is : Resolved
Dear Sir/Mam,
I am raising this issue here that has victimsed me for many years and I want some support, suggestions and guidance through experts through the medium of this web-site.
I have scored 48% in graduation(B.Sc.) and nowadays whenever there is a notitication of any competitive exam, they ask for minimim graduation percentage besides score in their exam. I recently appeared for Institute of Banking Personnel Selection(IBPS) Bank Probationary Officer(PO) exam. The notification of IBPS Written test for Bank PO was like this : A degree in any discipline from a recognized University or any equivalent qualification recognized as such by the Central Government. They also mentioned that "Each participating Public Sector Bank will independently issue a separate recruitment notification, specifying their vacancies and stipulating the eligibility criteria in terms of age, educational qualification, experience (if any), minimum required level of IBPS score in each component test plus Total Weighted Score (if any) etc. "
I was not applying for any Bank PO so far because till now each bank was separately taking its recruitment exam and was asking for minimum graduation percentage to appear for their exam, but when from 2011, IBPS started taking exam for 19 PSU banks, I appeared for written exam as there was no percentage requirement there in its notification, and now after clearing written exam, each bank is asking for minimum percentage of graduation to appear for interview. I want legal opinion on this regarding ways to challenge this in a court of law.
Actually, its not just IBPS against which I want to challenge, I want to challenge requirement of this percentage in graduation criterion itself by any copetitive exam that ask graduation from any discipling and not any specific discipline. When in the year 2006, Common Admission Test (CAT), first time brought in minimum 50% in graduation criterion, the reason cited was to reduce number of applicants for that exam. Is this reason fair? This criterion has nothing to do with selection of good quality students, but to make their work easier they bring in such criterion. Can they gurantee that any student who has not scored minimum 50% in graduation would surely be not able to clear their written exam? And, if some student is having capability and desire to crach this exam then isn't this injustice to him?
I am ready to spend money to challenge this absurd criterion of minimum graduation percentage, just require some intial guidance as how it can be challenged. I will be highly obliged to anyone, who can help me with his/her knowledge to challenge this matter in court of law.
M/s. Y-not legal services
(Expert) 04 January 2012
fixing the eligibility is the concern company's right and discretion., how you can challenge it?
i thing you can not..
tom..
ajay sethi
(Expert) 04 January 2012
Article 16(1): There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Article 16(4): Article 16 provides for equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State, Nevertheless, “nothing in this Article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State”.
fixinf og minimum percentage of say 50%to appear in competitivee exams would not be discrimination .
the judgment in Siya Ram v.
Union of India (1998) 2 SCC 566 in which the Supreme Court held that the
determination of what should be the minimum qualification should be left to the
experts and courts should not interfere unless exaggerated weight was given to the
interview for proven or obvious motives.
the Supreme Court held that in the absence
of any contrary provision in the relevant rules minimum qualifying marks for viva
voce for appointment to judicial services could not be fixed and that “in case the
statutory rules prescribe a particular mode of selection, it has to be given strict
adherence accordingly.”
Sagar
(Querist) 04 January 2012
Dear Sirs, the main reason cited for bringing minimum graduation percentage criterion is to lower number of applicants and hence their work load, it had nothing to do with recruitment of quality students. It is this very ground that I want to challenge.
Deepak Nair
(Expert) 04 January 2012
According to my opinion, the banks are at their discretion to set the cretera for selection of their staff.
You may please note that for a palty 20 odd vacancies, there are tens of thousands of applicants from whom they have to eliminte the candidates. Therefore, the person with more marks naturally gets the priority for being selected.
If all the qualities are equal and one have 70% marks and other have 45%. Whom would you select? The answer is obvious.
Thus, as per my opinion, there is no point in challenging the said dicision by the Bank
Deepak Nair
(Expert) 04 January 2012
If i remember right, the query is already answered under different thread.
ajay sethi
(Expert) 04 January 2012
i have advised him that if he so desires he can file a writ in gujrat high court if he so desires . he has nothing to loose as he is not in position to appear for any competitive exams on account of 50%^minimum requirements .
however i have told him that its reasobale reuirement that cnadidate must be having 50%qualifing marks . for instance for IIT you need minimum 60%to appear for said exams and GOVt now wants to raise it to 80%
Sagar
(Querist) 04 January 2012
Deepak but then they can have specific marks for academic qualification out of total merit but how can they deny to appear for written exam or interview just because u don't have minimum graduation percentage? They are concerned about easing their work but to many others its open injustice.
Sagar
(Querist) 04 January 2012
Ajay sir, here for competitive exams like CAT and Banks, they do not ask for any specific graduation unlike IIT, they ask for graduation in any discipline, e.g. If I have done B.Sc. and I want to do M.Sc. now and they ask for minimum graduation percentage of B.Sc. then it is justified but here is not the case. They do not ask for any specific discipline graduation.
R.Ramachandran
(Expert) 04 January 2012
Dear Mr. Sagar,
Let me put it to you very bluntly.
Beggars cannot be chosers! As simple as that.
Why talk about fixation of minimum % marks for employment? Even for getting admission into colleges, there is cut-off %. Do you mean to say that it is for the purpose of reducing the candidates?
The person who has to get the manpower has the authority to fix any criteria that it pleases. We cannot have any say. Nor is there any room for any argument.
But in your case, there is a silver lining, which is what Mr. Ajay Sethi alluded to.
In your case, while no minimum % was prescribed for writing the written examination, the same cannot be insisted upon at the time of interview. On this point, you can approach the court by way of Writ petition. Nothing more nothing less.
Sankaranarayanan
(Expert) 04 January 2012
I hope this query been advised alredy in our site
Sagar
(Querist) 04 January 2012
Can anyone tell me that where is already answered query? though my query is answered here, i can have more concrete opinions by viewing that similar query that was posted before I post this query.
prabhakar singh
(Expert) 05 January 2012
There can not be any more concrete opinion from any one else after lucid explanation provided by Mr.Sethi and concrete conclusion drawn by Mr.Ramachandran.I do not see room to speak any more.
Deepak Nair
(Expert) 05 January 2012
Yes. Sufficiently advised by the experts.
I too suggest you to give a try as advised by Mr.Sethi.
Shonee Kapoor
(Expert) 05 January 2012
Nothing more to add.
The discretion allows the organizations to choose people they find suitable.
Tomorrow someone might just say graduation itself is absurd criteria.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 06 January 2012
Rightly advised by experts here. Now follow their advice only.
Sagar
(Querist) 23 January 2012
Dear Sir,
I want to ask just one thing more here, that is, can this practice of asking minimum percentage in graduation be challenged on the grounds of being violative of parity? Because they do not ask for percentage in graduation in only some specific disciplines but they ask for percentage in graduation from any discipline. How can B.A., B.Sc., B.Com., Engineering be compared. Moreover, syllabus, examination pattern and other matters differs from one Uni. to other and from one state to other state. So, can this be challenged on the grounds that their discretion of asking percentage in graduation lacks parity.
