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march 2009

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.

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