Case Note & Summary
The case involved a challenge to the Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970, specifically Rules 7A and 7B, which were alleged to be discriminatory and violative of Articles 14 and 16 of the Constitution. The respondent, who had served as a Kanungo and was later promoted to Naib Tehsildar, was not included in the select lists for Tehsildar promotions due to an adverse entry in his service record, which was later expunged. The selection process for Tehsildars had not occurred since 1966, leading to the introduction of the contested rules that prioritized candidates from the 1966 select list over others. The High Court had previously ruled in favor of the respondent, declaring the rules ultra vires. The Supreme Court upheld this decision, emphasizing that the rules unjustly deferred promotion opportunities for many eligible candidates. The court noted that the classification of candidates based on outdated criteria lacked a rational basis and violated the fundamental right to equality. The appeal was dismissed, and the court found no error in the High Court's judgment, ordering that parties bear their own costs.
Headnote
A) Constitutional Law - Discrimination in Promotion - Rules 7A and 7B declared ultra vires - Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970, Rules 7A and 7B - The rules were found to be discriminatory as they prioritized candidates from an outdated select list, denying others equal opportunity for promotion. The court held that such rules violate the principles of equality enshrined in Articles 14 and 16 of the Constitution (Paras 466-473).
Issue of Consideration
Whether Rules 7A and 7B of the Uttar Pradesh Promotion by Selection in Consultation with Public Service Commission (Procedure) Rules, 1970 are discriminatory and violate Articles 14 and 16 of the Constitution.
Final Decision
The Supreme Court dismissed the appeal, affirming the High Court's ruling that Rules 7A and 7B were ultra vires Articles 14 and 16 of the Constitution, thereby ensuring equal opportunity for promotion among eligible candidates.
Law Points
- Discrimination in promotion
- Fundamental rights under Articles 14 and 16
- Reasonable classification
- Ultra vires rules
- Administrative power of the State
