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march 1999

Supreme Court of India · 1999-03-30

STATE OF J & K vs SHIV RAM SHARMA

Citation / case number
SC 1998/9639
Court
Supreme Court of India
Petitioner
STATE OF J & K
Respondent
SHIV RAM SHARMA
Author
S.SAGHIR AHMAD S.R.BABU
Bench
S.SAGHIR AHMAD S.R.BABU

Judgment text excerpt

The Supreme Court upheld the High Court's decision to quash the qualification bar imposed by the Jammu & Kashmir Geology and Mining (Subordinate) Service Recruitment Rules, 1990, under Section 124 of the Constitution of Jammu and Kashmir. The Court established that insisting on matriculation for promotion was illogical given the long service of the respondents and their inability to meet the educational requirement at this stage of their careers. The Court directed that service experience should be the primary criterion for promotion, thereby allowing the respondents to be promoted based on seniority.

STATE OF J & K vs SHIV RAM SHARMA · Niyam