Recruitement by omitting a part of service rule book
aloktyagi
(Querist) 06 September 2012
This query is : Resolved
Notification issued for the recruitement in state government department. the notification mentioning all the procedure of the process/ pattern of exam, number of questions to be asked,negative marking criteria,topics to be covered/syllabus, as per the relevant recruitement rule book. but they hav'nt mentioned the minimum qualifying marks i.e 40 in the notification. while according to departmental rule book min.qualifying marks was 40 .the result was declared and majority of students , 39 out of 41 selected candidates scored less than 40 marks as the paper was too hard. though they were declared successful. so plz tell me whether board conducting the exam can omit this criteria from the rule book.i.e.minimum qualifying marks.as it was no where mentioned in the notification that a candidate getting less than 40 will be disqualified despite being mentioned in the relevant recruitement rules .plz reply thanx
Guest
(Expert) 06 September 2012
Dear Alok,
It is not understood, in what way you are concerned with the result by the board and for which department and for which category of posts, while your profile indicates that you are a doctor by qualification or by profession.
The question arises, has that criteria hurt your personal interests in any way? If so, you should have come forward with your personal problem for solution, not with generic query without any background and merely speaking about the minimum marks criteria for result by the board.
2ndly, you have not mentioned whether all the candidates obtained less than 40% marks or those of some specific categories, like SC/ST category candidates, etc. You should know that the same Recruitment Rules book would also be providing concessional minimum marks yardstick for SC/ST candidates also.
3rd, the board always declares result as per the criteria or relaxations duly conveyed by the concerned department to the board. Board never declares results with lesser than the required minimimum marks by the candidates.
So, better check the facts first and come forward with the same to get your problem solved.
aloktyagi
(Querist) 06 September 2012
actually sir i cleared the entrance examination conducted by the uttarakhand board for the post of consultant physiotherapist(health department). earlier notification was issued and it was mentioned there that merit will be prepare on 100 marks while the relevant recruitement rules has the provision of 100 marks academics + 100 marks written .also it was written in the rules that a person getting less than 40% in written will be diqualified(for GEN,SC/ST,OBC),no yardsick for category candidates .board prepared the merit on 100 marks only, without adding the academics and also not following the min. marks criteria( as mentioned in RR)..after declaration of result few unsuccesful candidates filed writ petition for quashing the entire process .single bench quashed the process .we went to special appeal where hon'ble C.J.in divisional bench ordered to prepare a fresh merit list where extra 100 marks to be added as per recruitement rules. he also ordered not to considered the min .marks criteria as in the notification it was not mentioned that an individual will be disqualified if he gets below 40 despite mentioned in RR. unsuccesful candidates filed the SLP again for quashing in SC(by taking 40 marks criteria) but there SLP was dissmissed by the hon'ble supreme court and case was not admitted.now few candidates who are not in the new merit list(prepared as per hon'ble high court order) are filing the SLP .so sir i am only worried about the 40 marks criteria as only 2 students in entire state scored above 40. please sir help regarding this
Sudhir Kumar, Advocate
(Expert) 06 September 2012
so stand victorious.SLP is rejected. In case fresh SLP is admitted then yu defend the same.
aloktyagi
(Querist) 06 September 2012
Thanx Sudhir sir and dhingra sir, i just need a favour .any citataion available where omission of minimum qualifying marks was done by the board ,as it was not mentioned in the notification that individual will be disqualified if he gets below 40. ( as all the candidates as per notification approach the exam, without being aware of the fact that they will be disqualified if they don't score 40 , they approached the paper in a different way) though in RR it was mentioned. if it would have mentioned in the notification i.e ,min. marks criteria ,then including me every candidate would hav approached the exam in a manner to atleast score the 40 marks.rest everything was followed acc.to RR .plz sir i will be really thankful to you all
