Supreme Court of India · 1961-02-23
STATE OF JAMMU KASHMIR vs MIR GULAM RASUL.
- Citation / case number
- SC 1957/60067
- Court
- Supreme Court of India
- Petitioner
- STATE OF JAMMU KASHMIR
- Respondent
- MIR GULAM RASUL.
- Bench
- GAJENDRAGADKAR, P.B.,SARKAR, A.K.,WANCHOO, K.N.,GUPTA, K.C. DAS,AYYANGAR, N. RAJAGOPALA
Judgment text excerpt
The Supreme Court held that the High Court of Jammu and Kashmir lacked jurisdiction under Article 32(2A) of the Constitution of India to entertain the writ petition, as it did not disclose a violation of any fundamental right. The Court clarified that a breach of law by the Government does not equate to a denial of equal protection under Article 14, unless it is shown that the law was designedly denied to the individual. Consequently, the Court set aside the High Court's order reinstating the respondent, affirming the demotion was valid.