Supreme Court of India · 2009-03-03
Dilip Kumar Garg & Anr vs State Of U.P. & Ors
- Citation / case number
- 2009 AIR SCW 2374
- Court
- Supreme Court of India
- Petitioner
- Dilip Kumar Garg & Anr
- Respondent
- State Of U.P. & Ors
- Author
- Markandey Katju
- Bench
- Markandey Katju, R. V. Raveendran
Judgment text excerpt
The Supreme Court examined the validity of Rule 5(ii) of the U.P. Public Works Department Group-B Civil Engineering Service Rules 2004, which allows promotion of diploma holders without requiring them to pass a qualifying examination, potentially violating Article 14 of the Constitution. The Court referenced previous judgments, including State of Jammu & Kashmir vs. Triloki Nath Khosa and Mohammad Shujat Ali, to establish that discrimination based on educational qualifications for promotion can be unconstitutional. Ultimately, the Court held that Rule 5(ii) does violate Article 14 by treating unequals as equals, thereby invalidating the rule.