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november 2006

Supreme Court of India · 2006-11-23

State Of U.P. & Ors vs Desh Raj

Citation / case number
AIR 2007 SUPREME COURT 628
Court
Supreme Court of India
Petitioner
State Of U.P. & Ors
Respondent
Desh Raj
Bench
S.B. Sinha, Markandey Katju

Judgment text excerpt

The Supreme Court held that the interim order for regularization of daily wage employees under the Regularization Rules 2001 was unjustified, as it contravened the constitutional principles of equality under Articles 14 and 16. The Court emphasized that appointments made in violation of these principles are illegal and void ab initio, referencing the Constitution Bench decision in Secretary, State of Karnataka & Ors. vs. Umadevi & Ors. [(2006) 4 SCC 1)]. The Court ruled that the State of Uttar Pradesh must establish recruitment rules under Article 309, which have statutory force, thus dismissing the appeal against the High Court's order.

State Of U.P. & Ors vs Desh Raj · Niyam