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january 1973

Supreme Court of India · 1973-01-10

JANKI PRASAD PARIMOO & ORS. ETC. ETC. vs STATE OF JAMMU & KASHMIR & ORS.

Citation / case number
SC 1971/60240
Court
Supreme Court of India
Petitioner
JANKI PRASAD PARIMOO & ORS. ETC. ETC.
Respondent
STATE OF JAMMU & KASHMIR & ORS.
Author
SIKRI, S.M. (),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.
Bench
SIKRI, S.M. (CJ),RAY, A.N.,PALEKAR, D.G.,BEG, M. HAMEEDULLAH,DWIVEDI, S.N.

Judgment text excerpt

The Supreme Court ruled that the Jammu & Kashmir Civil Services (Classification Control and Appeals) Rules 1969 mandate that promotions must be based on merit-cum-seniority, and cannot solely rely on interviews, which may disregard essential qualifications and character assessments. The Court held that the selection process adopted by the Departmental Promotion Committee was improper and illegal, violating Article 16(4) of the Constitution of India, which pertains to the reservation of posts for backward classes. Consequently, the promotions made under the contested selection process were set aside.

JANKI PRASAD PARIMOO & ORS. ETC. ETC. vs STATE OF JAMMU & KASHMIR & ORS. · Niyam