Niyam v2 is live — start for just ₹100 — 200 credits to try

october 2004

Supreme Court of India · 2004-10-05

STATE OF U.P. vs JALAL UDDIN .

Citation / case number
SC 2004/2441
Court
Supreme Court of India
Petitioner
STATE OF U.P.
Respondent
JALAL UDDIN .
Author
ARIJIT PASAYAT
Bench
C.K. THAKKER ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that the Allahabad High Court erred in applying the U.P. Higher Education (Group A) Service Rules, 1985, which had become inoperative due to the Uttar Pradesh Government Servant Criteria for Recruitment by Promotion Rules, 1994, as per the proviso to Article 309 of the Constitution of India. The Court emphasized that promotions must be based on the operative rules, and the respondent's claim for promotion was not valid under the outdated rules. Consequently, the Court set aside the High Court's order and ruled that the promotion should be considered under the 1994 Rules, which have overriding effect over previous rules.

STATE OF U.P. vs JALAL UDDIN . · Niyam